(The Center Square) – Authority on rules around the “Times, Places and Manner” of congressional elections remains under consideration of the U.S. Supreme Court.
The high court Tuesday morning released orders and Moore v Harper, a case questioning interpretation of part of Article I of the Constitution, was not dismissed as moot. It is unknown if the case decision will be announced Thursday or Friday, when opinions from the justices are expected.
The court heard oral arguments in December, and requested more briefs in May.
Lawmakers in the Old North State created a new congressional district map that critics say was gerrymandered. The map was challenged in court, and the North Carolina Supreme Court ruled against Republican majority lawmakers.
Article I says state legislatures have the authority to make rules around the “Times, Places and Manner” of congressional elections.
The seven-member state Supreme Court got a change of representation at the November midterms, and in February reversed the earlier decision. The court said it lacked the power to review the claims. Chief Justice Paul Newby, a part of both benches, wrote in his 2022 dissent that both sides agree authority rests with the legislative branch. He’s also said evaluating claims would result in policy judgments.
Following the reversal, the U.S. Supreme Court asked the lawyers for both parties to respond with new briefs on whether it should still hear the case.
Observers of the U.S. Supreme Court have predicted an action by late this month or early July, when the summer recess begins.
