As the Supreme Court deliberates behind closed doors over a case that many believe could be one of the most consequential voting rights disputes ever to reach the high court, the Justice Department and some other parties involved are suggesting the case be dismissed due to major developments since oral arguments.
If the justices were to ultimately remove the case from the docket it would sidestep a major dispute over the so-called the Independent State Legislature theory pushed by conservatives and supporters of former President Donald Trump after the 2020 election for now.
The case has captured the nation’s attention, because Republican lawmakers in North Carolina are asking the justices to adopt a long dormant legal theory and rule that state courts and other state entities have a limited role in reviewing election rules established by state legislatures when it comes to federal elections.
Critics say the Independent State Legislature theory could revolutionize electoral politics going forward if fully adopted and could lead to state legislatures having absolute authority in the area without the necessary judicial oversight.
The actual case before the justices presents a redistricting dispute out of North Carolina, involving a North Carolina Supreme Court decision from February 2002 that invalided the state’s congressional map. The state Supreme Court struck the map as an illegal partisan gerrymander and replaced it with a temporary court-drawn map more favorable to Democrats.
The Supreme Court heard oral arguments in the GOP’s appeal of that decision in December. At arguments, a lawyer for the lawmakers asked the justices to adopt the Independent State Legislature theory, and some of the justices appeared to express some support for a version of the doctrine.
But after the case was argued, and before the justices have rendered an…
Read the full article here