American election law remains unchanged as Supreme Court declines to intervene

American election law remains unchanged as Supreme Court declines to intervene



The ⁤Supreme Court declines to upend American election law

IN THE RUN-UP to the 2020 presidential election—and in‌ its fraught denouement—supporters of Donald Trump turned to a novel theory to boost their candidate’s ​chances of ⁣staying in ⁤the White ⁣House. Citing the “independent state legislature” theory, they sought to block state-court rulings ⁣in​ Pennsylvania and elsewhere that made voting easier during the covid-19 pandemic by, for instance, extending deadlines⁣ for mail-in ballots. And after election day, legal advisers drew on the notion in cooking up ‌a radical scheme to replace electors in states won by Joe Biden with “alternative” slates ⁤for Mr Trump.

On June 27th, in Moore v Harper,⁤ the Supreme Court ⁤threw cold water on the theory behind these ⁢moves: the idea that state legislatures have near-absolute authority, unchecked by state courts, to set the terms of federal elections. As part of an end-of-term rush for the court—several big cases remained to be decided by June 30th, including the ⁢fate of affirmative action⁣ in ⁤university⁢ admissions and Mr Biden’s student-debt-relief plan—John Roberts, the chief justice, wrote for the three liberal⁣ justices (Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor) and⁣ two of Mr Trump’s picks (Amy Coney Barrett and Brett Kavanaugh). Clarence ⁣Thomas wrote a dissent that was joined in part by Samuel Alito and in full by Neil Gorsuch.

Moore began in North Carolina.​ In 2021 the state’s ​Republican-dominated legislature drew an​ electoral map giving Republicans the upper hand in ten of the state’s 14 ‌seats in the House of Representatives. Given the state’s near-even split between Republicans⁢ and ‌Democrats, North Carolina’s Supreme ⁤Court found this aggressive gerrymander inconsistent with a guarantee in North Carolina’s constitution that all elections “shall be free”. It ordered experts to redraw the district lines. In 2022,​ using a ⁢fairer map, Republicans and Democrats won seven seats apiece….

2023-06-27 16:43:18
Source from www.economist.com
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