U.S Supreme Court will Hear North Carolina Congressional Redistricting Case | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the John Locke Foundation. The author of this post is Dr. Andy Jackson.

    We are still dealing with the fallout from the redistricting case that resulted in a panel of court-appointed special masters drawing North Carolina's congressional districts last February.

    Now that fallout has drifted all the way up to the United States Supreme Court.

    The high court granted cert (agreed to hear the case) to plaintiff petitioners from the North Carolina General Assembly in Moore v. Harper. The plaintiffs' main argument is that the Election Clause of the United States Constitution specifically and exclusive gives state legislatures the authority to set rules for elections to Congress (page 12):

    The text of the Elections Clause is clear: "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators." U.S. CONST. art. I, § 4,cl. 1 (emphasis added). "The Constitution provides that state legislatures-not federal judges, not state judges, not state governors, not other state officials-bear primary responsibility for setting election rules." Democratic Nat'l Comm. v. Wisconsin State Legislature, 141 S. Ct. 28, 29 (2020) (Gorsuch, J., concurring in denial of application to vacate stay)

    That argument would seem to conflict with the Supreme Court's decision in Rucho v. Common Cause. Chief Justice John Roberts, who wrote the majority opinion, stated (page 31):

    The States, for example, are actively addressing [claims of gerrymandering] on a number of fronts... Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply.

    If the court finds for the General Assembly, it could make a broad ruling that would effectively cut state judiciaries out of the redistricting process entirely or a narrow ruling holding that state judiciaries can hold congressional districts to be unconstitutional under state constitutions but that the actual drawing of maps must be done by state legislatures or bodies state legislatures designate to draw districts.

    There may also be implications for other election rules.

    The high court will hear oral arguments later this year.
Go Back


Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published)
Enter Your Comment ( no code or urls allowed, text only please )




Bad State Energy Policies Can’t Save the World, But They Can Harm North Carolinians John Locke Foundation Guest Editorial, Editorials, Op-Ed & Politics Suspected Islamic Terrorist From Iran Shoots Nearly Two Dozen People At Gay Bar In Norway


HbAD0

Latest Op-Ed & Politics

amnesty would just encourage more illegal aliens to storm our borders
The Christmas candy was barely off the shelves when the Valentine’s candy appeared. Red and pink hearts with caramel and nut-filled chocolate goodness caught our eye. We are reminded of how we love love. Young love, especially.
far left sugar daddy has also funded anti-Israel groups and politicians in US
Be careful what you wish for, you may get it
America needs to wake up and get its priorities right
Former President Donald Trump suggested this week that if he becomes president again, he might allow Prince Harry to be deported.
It's a New Year, which means it's time to make resolutions — even for prominent evangelical leaders. The Babylon Bee asked the following well-known figures in the faith what they hope to accomplish in 2024:
Vice President Kamala Harris will visit a Minnesota Planned Parenthood clinic, reportedly the first time a president or vice president has visited an abortion facility.
An eight-mile stretch of the Blue Ridge Parkway near Asheville has been temporarily closed due to a string of “human and bear interactions,” the National Parks Service announced.

HbAD1

University of Wisconsin tried to punish conservatives for the fact that liberals regularly commit crimes to silence opposition
most voters think EU officials not doing a good job on illegal immigration
Come from behind by GOP candidate is a blueprint to 2024
Biden spending and energy policies to blame
Tuberculosis carried by illegal invaders has already infected Texas cattle
Sen. Ted Cruz (R-TX) said this week that the only campaign promise President Joe Biden has delivered on as president is the complete dismantling of the U.S. southern border.
Hamas is reeling after losing two of their most cherished leaders on the same day: military commander Saleh al-Arouri, and Harvard President Claudine Gay.
President Joe Biden’s brother told the Internal Revenue Service that Hunter Biden told him he was in business with a “protege of President Xi,” referring to the leader of China, according to notes by an IRS investigator that were divulged during a congressional interview of Jim Biden.

HbAD2

 
Back to Top