Supreme Court , Shoots Down South Carolina's Push , For 'Independent State Legislature'.
On June 27, the Supreme Court sided against Republicans
in North Carolina, declining to impose new limits on
the ability of state courts to review election laws.
NBC reports that the ruling denied a GOP
push to redraw a congressional district map
in a way that would favor their candidates.
The justices ruled that the North Carolina Supreme Court
was correct in concluding that the map represented a
partisan gerrymander against the state's constitution.
The justices ruled that the North Carolina Supreme Court
was correct in concluding that the map represented a
partisan gerrymander against the state's constitution.
State courts retain the authority
to apply state constitutional
restraints when legislatures act
on the power conferred on
them by the Elections Clause, John Roberts, Supreme Court Chief Justice, via NBC.
Chief Justice John Roberts added
that state courts do not have "free reign"
in regards to conflict with federal law.
NBC reports that the case
had the potential to impact
the 2024 presidential election.
.
North Carolina's congressional map will be re-drawn
ahead of the election due to a state law provision that
only allows interim maps to be used for one election cycle.
North Carolina's congressional map will be re-drawn
ahead of the election due to a state law provision that
only allows interim maps to be used for one election cycle.
Republicans in the North Carolina House of Representatives
were pushing to have the nation's highest court
recognize the “independent state legislature” theory.
The theory gives ultimate power
to legislatures under state law when
it comes to federal election laws.
.
Supporters of the theory have also reportedly
pushed for increased restrictions on voting
and cited voter fraud as a major issue.
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