Supreme Court Asks for Additional Briefs to Consider Impact of North Carolina Supreme Court’s Decision in Major Elections Case

The Supreme Court is considering a major elections case from North Carolina, which could have a wide-reaching impact on election law nationwide. On Thursday, the Court asked for additional briefs to consider the impact of recent actions by the North Carolina Supreme Court.

The case centers around a popular right-wing idea known as the independent state legislature theory. It involves the question of whether the North Carolina Supreme Court had the authority to throw out Republican-drawn congressional districts. After oral arguments in December, the Court was mulling its decision when the North Carolina Supreme Court decided to rehear the case.

The North Carolina Supreme Court is now dominated by conservatives after the 2022 midterms, and if it reverses its decision and lets the Republican-passed gerrymandered maps stand, it could moot the crux of the case that the Supreme Court had been considering. The dissenting state court liberals called the decision a “radical,” nakedly political “power grab.”

The Supreme Court has asked the parties involved to file new court papers on the impact of the North Carolina Supreme Court’s decision. It is unclear how the Court will proceed, but the outcome of the case could have far-reaching implications for election law nationwide.