The case could diminish the power of state courts to order changes to rules for federal elections approved by state lawmakers.
that the issue raised in the Republicans' emergency request"is almost certain to keep arising until the court definitively resolves it." Kavanaugh encouraged the court to take up either the North Carolina case or a similar fight from another state, allowing the justices to hear arguments and issue a decision in its next term, before the 2024 presidential election kicks into high gear.
North Carolina Republicans asked the Supreme Court in March to decide whether state courts have the authority to change regulations governing the"times, place and manner" of congressional elections, which they argued is a power given only to each state's legislature under the Constitution's Elections Clause.
"The state supreme court's usurpation of that authority — pursuant to vague and indeterminate state constitutional provisions securing free speech, equal protection, and free and fair elections — simply cannot be squared with the lines drawn by the Elections Clause," lawyers for the GOP legislative leadersThe Elections Clause, they argued,"does not leave the states free to limit the legislature's constitutionally vested power, or place it elsewhere in the state's...
North Carolina elections officials and voting groups, which challenged in state court the congressional map drawn by the state legislature in 2021, urged the Supreme Court not to take up the case. They argued the court-drawn voting lines will only be in place for the November general election, so the case will be moot by the time the high court issues an opinion.
"The U.S. Constitution does not grant impunity to a state legislature for violations of its state constitution simply because the legislation relates to congressional elections," they argued.that while the General Assembly"bears primary responsibility for the state's election laws," it has chosen to share authority by"delegating certain powers over rules governing federal elections to nonlegislative actors.
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