(The Center Square) – The North Carolina Legislature does not have virtual unchecked authority on elections, and is subject to review of law by the judicial branch, the U.S. Supreme Court says.
In a 6-3 decision announced Tuesday, Chief Justice John Roberts wrote “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”
Moore v. Harper questioned whether the judicial branch can nullify redistricting maps created by the General Assembly. North Carolina’s Supreme Court in 2022 ruled the redistricting plan excessively partisan. Following midterm elections that changed the makeup of the panel, it reversed that decision earlier this year.
Because of the latest move by the state’s highest court, Justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissented and said they would have dismissed the case.
Decisions on voting rights cases involving Alabama and Louisiana had already happened this month. A case in Ohio remains pending, should the bench wish to issue another ruling prior to the 2024 election cycle.
