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Justices to Review State Legislative Power in Elections

Justices to Review State Legislative Power in Elections
Justices to Review State Legislative Power in Elections


“The Supreme Court on Thursday said it will consider what would be a radical change in the way federal elections are conducted, giving state legislatures sole authority to set the rules for contests even if their actions violated state constitutions and resulted in extreme partisan gerrymandering for congressional seats,” the Washington Post reports.

Vox: “The case is perhaps the gravest threat to American democracy since the January 6 attack. It seeks to reinstate gerrymandered congressional maps that were struck down by North Carolina’s highest court because they ‘subordinated traditional neutral redistricting criteria in favor of extreme partisan advantage’ for the Republican Party.”

Rick Hasen: “Pause on that for a moment: the theory in its extreme is that the state constitution as interpreted by the state supreme court is not a limit on legislative power. This extreme position would essentially neuter the development of any laws protecting voters more broadly than the federal constitution based on voting rights provisions in state constitutions.”

“And this theory might not just restrain state supreme courts: it can also potentially restrain state and local agencies and governors implementing rules for running elections.”

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