Roll Call: DOJ urges Supreme Court not to decide case on federal elections

05.11.2023 / By Michael Macagnone
Roll Call: DOJ urges Supreme Court not to decide case on federal elections

Only one party in the case, Common Cause, argued for the Supreme Court to decide the issue — and rule against North Carolina. In a brief filed Thursday, the group argued that the mere fact that North Carolina’s high court ruled in the case means the U.S. Supreme Court can still decide it. “Petitioners’ core contention before this Court is that the Elections Clause prohibits state constitutions—and state courts—from imposing limits on the authority of state legislatures over congressional redistricting. But the North Carolina Supreme Court has now twice rejected that contention,” the brief said.

Only one party in the case, Common Cause, argued for the Supreme Court to decide the issue — and rule against North Carolina. In a brief filed Thursday, the group argued that the mere fact that North Carolina’s high court ruled in the case means the U.S. Supreme Court can still decide it.

“Petitioners’ core contention before this Court is that the Elections Clause prohibits state constitutions—and state courts—from imposing limits on the authority of state legislatures over congressional redistricting. But the North Carolina Supreme Court has now twice rejected that contention,” the brief said.

 

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