SCOTUS Takes Important Election Case
As the country awaits the resolution of the Dobbs case, the Supreme Court is considering taking another case about states’ rights.
From The Epoch Times. The Supreme Court seems likely to accept a new election law case that Republicans hope will recognize what they say is the preeminent constitutional authority of state legislatures to set the rules for redistricting and congressional and presidential elections, as well as curb the power of state courts to intervene in such disputes.
“The U.S. Constitution is crystal clear: state legislatures are responsible for drawing congressional maps, not state court judges, and certainly not with the aid of partisan political operatives,” Tim Moore, a Republican who is the speaker of the North Carolina House of Representatives, said in March when he launched an appeal of his state Supreme Court’s order redrawing the state’s electoral map against the wishes of the state’s GOP-majority legislature.
“We are hopeful that the Supreme Court will reaffirm this basic principle and will throw out the illegal map imposed on the people of North Carolina by its highest court. It is time to settle the elections clause question once and for all.”
The case is Moore v. Harper, court file 21-1271; a petition filed on March 17 that was preceded by an emergency application seeking to stay a Feb. 14 ruling by the Supreme Court of North Carolina that required the state to modify its existing congressional election districts for the 2022 primary and general elections. Respondent Rebecca Harper is one member of a group of 25 individual North Carolina voters.
On March 7, the Supreme Court turned away (pdf) the stay application. In an opinion concurring in the denial of the stay, Justice Brett Kavanaugh stated that the high court “has repeatedly ruled that federal courts ordinarily should not alter state election laws in the period close to an election.”
The petition (pdf) was scheduled to be considered by the justices on June 16. The court is next scheduled to announce decisions on pending petitions on June 21. For a petition to be granted, at least four of the nine justices must agree….
Although Kavanaugh turned down the stay application, he noted that the issue “is almost certain to keep arising until the Court definitively resolves it.” In an opinion dissenting from the same order, Justice Samuel Alito wrote that if the elections clause said the rules were to be prescribed “by each State,” that wording “would have left it up to each State to decide which branch, component, or officer of the state government should exercise that power, as States are generally free to allocate state power as they choose….”
How are you praying for the preservation of states’ rights? Share your thoughts and prayers below.
(Excerpt from The Epoch Times. Photo Credit: Canva)
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