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up front Monday 5 deceMber 2022
Supreme Court weighs ‘most important case’ on democracy

Continued from Front Justices Samuel Alito, Neil
Gorsuch and Clarence
“This is the single most im- Thomas dissented. Writ-
portant case on Ameri- ing for the three, Alito said
can democracy -- and “there must be some limit
for American democracy on the authority of state
-- in the nation’s history,” courts to countermand ac-
said former federal judge tions taken by state legis-
Michael Luttig, a promi- latures when they are pre-
nent conservative who has scribing rules for the con-
joined the legal team de- duct of federal elections.
fending the North Carolina I think it is likely that the
court decision. applicants would succeed
The Republican leaders of in showing that the North
North Carolina’s legislature Carolina Supreme Court
told the Supreme Court that exceeded those limits.”
the Constitution’s “carefully Justice Brett Kavanaugh
drawn lines place the regu- has separately written
lation of federal elections about the need for federal
in the hands of state legis- courts to police the ac-
latures, Congress and no tions of state courts when it
one else.” comes to federal elections.
Three conservative justices Chief Justice John Rob-
already have voiced some Members of the Supreme Court sit for a new group portrait following the addition of Associate erts’ record on this ques-
support for the idea that Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Friday, Oct. 7, 2022. tion gives both sides some
Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice of the
the state court had improp- United States John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, hope. In 2015, he wrote
erly taken powers given by Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji a strong dissent from the
the Constitution when it Brown Jackson. court’s decision upholding
comes to federal elections. Associated Press an independent redistrict-
A fourth has written ap- challenged in state courts tion, over the objections of benefit. ing commission in Arizona.
provingly about limiting the when they make decisions Republicans. During the last redistrict- Roberts wrote that the Con-
power of state courts in this about federal elections, Jason Snead, of the con- ing cycle, states that used stitution does not permit “a
area. including congressional re- servative Honest Elections independent redistricting state to wholly exclude ‘the
But the Supreme Court districting. Project, said the case is an commissions rather than Legislature’ from redistrict-
has never invoked what is That group includes for- opportunity for the high legislatures were largely ing. “
known as the independent mer California Gov. Arnold court to rein in out-of-con- Democratic-dominated But in 2019, Roberts wrote
state legislature theory. It Schwarzenegger, law pro- trol state courts which are ones. Commissions drew the court’s majority opinion
was, though, mentioned in fessor Steven Calabresi, a being pushed by Demo- 95 House seats in states that closed federal courts
a separate opinion by three founder of the conserva- cratic attorneys to effec- with Democratic legisla- to claims of partisan gerry-
conservatives in the Bush v. tive Federalist Society and tively create new rules gov- tures and governors, as op- mandering but noted state
Gore case that settled the Benjamin Ginsberg, a long- erning voting, including the posed to only 12 in states courts remained open.
2000 presidential election. time lawyer for Republican Georgia example. with GOP control. A ruling “Provisions in state statutes
If the court were to rec- candidates and the party. “We’ve seen a fairly perva- that grants legislatures ulti- and state constitutions can
ognize it now, opponents “Unfortunately, because of sive attempt to use courts mate power over redistrict- provide standards and
of the concept argue, the ongoing and widespread to rewrite election laws if ing could eradicate those guidance for state courts
effects could be much efforts to sow distrust and those laws don’t suit parti- commissions and let Demo- to apply,” he wrote, in an
broader than just redistrict- spread disinformation, con- san agendas,” Snead said crats redraw a major chunk opinion joined by Alito,
ing. fidence in our elections is at in a call with reporters. of the House map. Gorsuch, Kavanaugh and
The most robust ruling for a low ebb,” Ginsberg wrote “That’s not something we “The bottom line is the im- Thomas.
North Carolina Republicans in a Supreme Court filing. want to see when it flies in pact of this fringe theory The court’s other conser-
could undermine more “The version of the inde- the face of the Constitu- would be terrible,” said for- vative justice, Amy Coney
than 170 state constitution- pendent state legislature tion.” mer Attorney General Eric Barrett, has no track record
al provisions, over 650 state theory advanced by Peti- He is among proponents of Holder, chairman of the in this area.
laws delegating authority tioners in this case threat- the high court’s interven- National Democratic Re- In North Carolina, a new
to make election policies ens to make a bad situa- tion who argue the case districting Committee. “It round of redistricting is
to state and local officials, tion much worse, exacer- doesn’t represent “a threat could unleash a wave of expected to go forward
and thousands of regula- bating the current moment to democracy.” gerrymandering from both next year and produce a
tions down to the location of political polarization and The justices can instead parties.” map with more Republi-
of polling places, accord- further undermining confi- write a narrow opinion that Even less dramatic chang- can districts, whatever the
ing to the Brennan Center dence in our elections.” places limits on state courts es may not necessarily tilt outcome of the high-court
for Justice at the New York The arguments are taking without upsetting the the GOP’s way on a na- case.
University School of Law. place a day after the final choices New York and oth- tional redistricting map that In last month’s elections,
Luttig, who advised former contest of the 2022 mid- er states have made to re- was essentially fought to voters flipped the major-
Vice President Mike Pence terms, the Georgia Senate strict partisan redistricting, a draw, and where state ity on the state Supreme
that he had no authority to runoff between Democrat- a group of New York voters court rulings cost Demo- Court, electing two new
reject electoral votes fol- ic Sen. Raphael Warnock wrote in a court filing. crats about as many House Republican justices that
lowing the 2020 election, is and Republican Herschel The New Yorkers implicitly seats as Republicans. give the GOP a 5-2 edge
among several prominent Walker. recognize that if the court The Supreme Court refused and make it probable,
conservatives and Repub- In that contest, state courts gives more power to state to step into the North Caro- though not certain, that
licans who have lined up ruled in favor of Democrats legislatures over drawing lina case in March, allowing the court would uphold a
against the broad assertion to allow for voting on the congressional lines, Repub- the court-drawn districts to map with more Republican
that legislatures can’t be Saturday before the elec- licans may not necessarily be used this year. districts.q