August 16, 2022

Supreme Court Likely to hear case that could bar Democrat judges from overturning GOP legislators

The Supreme Court is thought very likely to take up a case that would keep Democrat judges from moving to invalidate Republican state legislators’ movements in their houses of Congress to redraw congressional districts.

According to a report by The Daily Wire, the Supreme Court may have its four judges needed to hear the case, as it’s believed that Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh would vote in favor of hearing the case. 

“Activist judges and allied plaintiffs have proved time and time again that they believe state courts have the ultimate say over congressional maps, no matter what the U.S. Constitution says,” North Carolina Senate leader Phil Berger (R) asserted.

The matter at hand concerns an appeal filed by North Carolina Republicans after a state court decided that the General Assembly’s congressional district lines violated state constitutional requirements. Four of the Supreme Court justices are interested in limiting judges’ ability to block their states’ legislatures. 

“In an order entered on February 4, the North Carolina Supreme Court invalidated the North Carolina General Assembly’s congressional maps and remanded to state trial court for remedial proceedings,” the plaintiffs state. Rather than seek immediate review in this Court, Applicants engaged in a good-faith effort to craft a congressional map that would be valid under the state Supreme Court’s order,” they continue. 

“Yet in an order entered on February 23, the North Carolina trial court rejected that map and instead mandated the use of a new map that had been created by a group of Special Masters and their team of assistants—who, to make matters worse, designed their own, judicially-crafted map after engaging in ex parte communications with experts for the plaintiffs. Applicants immediately sought a stay from the North Carolina Supreme Court, but that stay was promptly denied.”

“If a redistricting process more violative of the U.S. Constitution exists, it is hard to imagine it,” they charge. “This Court should intervene to protect the Constitution’s allocation of power over this matter of fundamental importance to our democratic system of government.”

GOP candidates would be “likely victors in 10 of the state’s 14 congressional districts,” AP reported, adding, “The new map that eventually emerged and is being used this year gives Democrats a good chance to win six seats, and possibly a seventh in a new toss-up district.”

“The issue has arisen repeatedly in cases from North Carolina and Pennsylvania, where Democratic majorities on the states’ highest courts have invoked voting protections in their state constitutions to frustrate the plans of Republican-dominated legislatures,” The Associated Press noted. “The issue is almost certain to keep arising until the Court definitively resolves it,” Justice Brett Kavanaugh wrote in March.

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Whitney Coffin (@guest_1289384)
1 month ago

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