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The Supreme Court Just Came Perilously Close to Blowing Up Federal Elections

Slate: “The Supreme Court will not overturn a century of pro-democracy precedent and two centuries of historical practice to give state legislatures unlimited power over elections—yet. That’s the upshot of the court’s orders on Monday in two huge redistricting cases out of Pennsylvania and North Carolina. The court refused to block new congressional maps drawn by the high court of each state, declining—for now—to embrace a radical theory rejecting state courts’ authority over election law. In the process, however, four justices did endorse this theory, and three attempted to blow up North Carolina’s upcoming election in a dissent with terrifying implications for democracy. The court stepped back from the abyss, but the ensuing reprieve may not last for long. Both of Monday’s orders involve this year’s redrawing of congressional maps. In Pennsylvania, the Republican-controlled legislature drew a GOP gerrymander, which the Democratic governor vetoed. Because of this impasse, the Pennsylvania Supreme Court stepped in to draw new, fairer districts. In North Carolina, the Republican-controlled legislature drew a GOP gerrymander, which the Democratic governor could not veto under state law. Voters challenged the map under the state constitution, and in February, the state Supreme Court struck it down. The legislature drew a new map, which a trial court rejected and replaced with its own, fairer version…”

See also Inside Daily Brief – “In a case with ramifications for the 2022 midterm election, the Supreme Court accepted congressional maps enacted by state courts in North Carolina and Pennsylvania. The congressional maps were imposed by state courts that rejected previous maps designed by GOP-controlled legislatures in both states…”

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