RALEIGH, N.C. — A decision by the Republican majority of the North Carolina Supreme Court has complicated the work of the U.S. Supreme Court justices trying to decide whether the lower courts infringed on state lawmakers’ authority to write election law.
U.S. Supreme Court justices are asking for help understanding what effect a decision from the state’s highest court might have on ongoing litigation regarding North Carolina’s congressional districts.
Last year, North Carolina’s Supreme Court ruled the state’s congressional district map unconstitutional because Republicans were given an unfair advantage. State lawmakers had redrawn the districts following the release of the 2020 census data, which granted the state a new 14th District.
The state Supreme Court ordered a map drawn by a third party so as not to delay the 2022 election, but ordered lawmakers to redraw the congressional districts for 2024.
House Speaker Tim Moore argued that this “usurped” state legislators’ authority and asked the federal justices to weigh in. A hearing was held on Dec. 7 and a decision is expected this summer.
The federal case could have huge consequences across the country if justices give state lawmakers unchecked authority to write election law.
But before the justices could make a decision, Moore and Senate Leader Phil Berger, both Republicans, appealed to the N.C. Supreme Court asking for the case to be heard a second time after the court changed from a Democratic majority to a Republican majority. The justices agreed and that hearing is expected later this month.
Now the U.S. Supreme Court justices are asking lawyers from both parties and the Solicitor General to file briefs explaining what effect the state Supreme Court’s order granting a rehearing and any subsequent rulings that follow could have on the highest court’s jurisdiction.
The briefs must be submitted by 2 p.m. on March 20.
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