Posted BY: | NwoReport
The Supreme Court said Tuesday that the North Carolina Supreme Court did not violate the elections clause of the US Constitution when it invalidated the state’s 2022 congressional map, rejecting a broad version of a controversial legal Independent State Legislature theory pushed by supporters of former President Donald Trump.
Chief Justice John Roberts wrote the 6-3 opinion.
The case had captured the nation’s attention because Republican lawmakers in North Carolina were asking the justices to adopt a long-dormant legal theory and hold that state courts and other state entities have a limited role in reviewing election rules established by state legislatures when it comes to federal elections.
“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause,” Roberts wrote.
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The court allowed that federal courts can have some role in supervising state courts in certain circumstances, with Roberts writing that “state courts do not have free rein.”
“Federal courts,” Roberts said, “must not abandon their duty to exercise judicial review.”
“When state legislatures act pursuant to their Elections Clause authority, they engage in lawmaking subject to the typical constraints on the exercise of such power,” he wrote. “In sum, our precedents have long rejected the view that legislative action under the Elections Clause is purely federal in character, governed only by restraints found in the Federal Constitution.”
Roberts was joined by fellow conservative justices Brett Kavanaugh and Amy Coney Barrett and liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
The decision will have ramifications for the future of elections nationwide.
