Supreme Court ruling in NC Election Map Case is bad news for GOP in 2024

Written by on June 30, 2023

Supreme Court ruling in NC Election Map Case is bad news for GOP in 2024

Shared By Peter Boykin – American Political Commentator / Citizen Journalist

Supreme Court ruling in NC Election Map Case is bad news for GOP in 2024

The Supreme Court rejected a Republican-led attempt to use the “independent legislature theory” in North Carolina, as the state sought to redraw congressional maps ahead of the 2024 election cycle. The decision could have widespread effects across the country.

Every 10 years, following the U.S. census, states are allowed to redraw their congressional maps – often referred to as redistricting. So the party that controls the state at the time has the opportunity to shape districts in their favor.

What is the Independent Legislature Theory?

It argues that state legislatures have exclusive power to regulate federal elections, as granted by the U.S. Constitution’s Elections Clause. Advocates argue this authority is immune to review by state and federal courts.

The court ruled 6-3 in Moore v. Harper to reject North Carolina’s interpretation of this theory, with conservative Justices Roberts, Kavanaugh, and Barrett joining the liberals. Roberts said: “The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review.”

The dissent: Justice Clarence Thomas wrote the dissent, which was joined by Justices Alito and Kavanaugh. He argued that the decision will lead to “politically charged controversies” popping up before federal elections, giving the court power to decide winners and losers.

Mark Levin, who is my go-to anytime there is an issue of constitutional law, weighed in on Twitter, saying:

“The lawlessness continues, and the Court has opened even further the interference in our elections by activist bureaucrats and courts, and the controversy that will continue to ensue, for as long as this unraveling republic exists. And John Roberts is a truly pathetic lightweight as chief justice, and extremely political. It appears he holds some kind of spell over Barrett, who has completely collapsed as an intellectual jurist.”

You can expect similar lawsuits to pop up in other Republican states, challenging the legislature’s authority to redraw congressional maps. This will negatively affect the odds of Republicans keeping control of their already-slim majority in the House in 2024.

For now, North Carolina might be safe considering (for now) it has a Republican led Supreme Court, but the future is in the air for fair voting districts.

[Source: Washington Examiner]


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