Latest news

Biden administration urges Supreme Court to reject 'extraordinarily disruptive' theory in major elections case – NBC News

WASHINGTON — The Biden administration has urged the Supreme Court to reject a novel legal theory pushed by Republicans in an upcoming elections case from North Carolina that could strip state courts of their ability to oversee federal election-related disputes.
Solicitor General Elizabeth Prelogar wrote in a brief filed late on Wednesday that the case being argued on Dec. 7 would have “extraordinarily disruptive consequences” if the court, which has a 6-3 conservative majority, embraces the “independent state legislature” theory. The court’s ruling, due by the end of June, could have a major impact on the 2024 presidential election.
The Justice Department brief was one of dozens filed Wednesday in support of the state of North Carolina and voting rights advocates, who are defending a state Supreme Court decision that threw out a congressional district map drawn by the Republican-controlled legislature. The state court, basing its decision on protections in North Carolina’s Constitution, adopted a map drawn by experts that is less favorable to Republicans.
Republican lawmakers argue that the state court did not have the authority to adopt the new maps because, in the federal elections context, legislatures have unique power derived from the Elections Clause of the U.S. Constitution. That provision gives state legislatures the power to set the “time, place and manner” in which federal elections are held in that state. Versions of that argument were pressed by former President Donald Trump and his allies in 2020 in challenging changes to election procedures made by courts during the Covid pandemic and also as part of their unsuccessful efforts to overturn the results of the presidential election.
The arguments pressed by Republicans “would mean that constitutional provisions in nearly every state — many of them dating to the founding — were either wholly invalid or could be applied only to state elections,” Prelogar wrote.
If the Supreme Court rules for Republicans, elections would be thrown into chaos because each state could have different rules for federal and state elections, she said, adding that such a ruling “risks magnifying confusion and uncertainty for both voters and elections officials.” A ruling along those lines would affect not just redistricting disputes but also any election laws that the legislature enacts on such issues as mail-in voting and early voting.
The North Carolina Republicans’ argument has faced pushback from some in the GOP, including former California Gov. Arnold Schwarzenegger, who filed his own brief backing the state. Former conservative federal Judge Thomas Griffith and former senior Republican officials also filed a brief. Another former conservative federal judge, J. Michael Luttig, has joined the legal team representing voting rights groups.
Lawrence Hurley covers the Supreme Court for NBC News Digital.
© 2022 NBC UNIVERSAL

source

Facetvnews

Recent Posts

Felix Kwakye Ofosu: President Mahama Followed the Constitution in Suspending Chief Justice

Felix Kwakye Ofosu, Minister of State in Charge of Government Communications, has defended the suspension…

3 days ago

Minority Condemns Suspension of Chief Justice, Calls it Attack on Judiciary

The Minority in Ghana’s Parliament has harshly criticized President John Dramani Mahama’s decision to suspend…

3 days ago

Who Were the Anunnaki? A Factual Account Based on Ancient Records

The Anunnaki are a group of deities found in the mythologies of the ancient Sumerians,…

4 days ago

President Mahama Suspends Chief Justice Gertrude Torkornoo, Sets Up Five-Member Probe Committee

In a decisive move on Tuesday, April 22, 2025, President John Dramani Mahama has suspended…

4 days ago

Witness to Conflict: Reflections on the Bawku Crisis

As a retired military officer, I have witnessed many scenes of tension and unrest, but…

4 days ago

Inusah Fuseini Apologizes to Mamprugu Traditional Authority Over Bawku Conflict Remarks

Former Tamale Central MP, Inusah Fuseini, has issued an unreserved apology to the Nayiri, the…

4 days ago

This website uses cookies.