This gives me peace of mind, he said. Lawrence Hurley covers the Supreme Court for NBC News. At its most extreme, the theory could eliminate not just state judicial power over elections, but governor's vetoes. At this point last term, Sotomayor had already dissented 16 times. How the Supreme Court Could Upend the Integrity of Our Elections - The A pair of cases about to reach the Supreme Court could reshape the 2024 election. The Moore v. Harper case out of North Carolina could be even more far-reaching, but the outcome is uncertain, adding tension to the high stakes surrounding the Independent State Legislature theory. One way of reading this opinion is the court is consciously declining to open a new front in the war upon democracy at a time in which democratic ideals are coming under a considerable amount of stress, says Aziz Huq, professor of law at the University of Chicago Law School. Already a subscriber? Since the justices heard arguments in the case in December, North Carolinas state Supreme Court threw out the ruling the Supreme Court was reviewing after Republicans claimed control of that court. CNN The Supreme Court said Tuesday that the North Carolina Supreme Court did not violate the elections clause of the US Constitution when it invalidated the state's 2022 congressional. Elections. The North Carolina legislature is expected to draw a new gerrymander this summer. At issue are affirmative action programs at the the University of North Carolina, which until the 1950s did not admit Black students, and Harvard University, which was the model for the Supreme Court's 1978 decision declaring that colleges and universities may consider race as one of many factors, from the applicant's geographical and family background, to their special talents in science, math, athletics, and even whether the applicant is the child of the school's alumni. Subscribe to Here's the Deal, our politics newsletter. (In a second, more significant case, involving protections for wetlands, she and the other liberals concurred in the courts bottom-line result, but their concurrence is more naturally read as a functional dissent because they disagreed sharply with the legal rule that the majority adopted.). All rights reserved. Such a decision would have blocked many of the court-ordered changes to election rules during the pandemic and a particularly robust endorsement of the theory could also throw election administration into chaos, because many election-related policies are not specifically enumerated in state law and are delegated in practice to local officials. Mexicos highest court on Thursday struck down a key piece of a sweeping electoral bill backed by the president that would have undermined the agency that oversees the countrys vote, and that helped shift the nation away from single-party rule. The U.S. Supreme Court has yet to issue opinions in seven cases that it heard this term, and has mere days left to release them. The court last month had invalidated another part of the bill that, among other things, involved changes to publicity rules in electoral campaigns. What Is It? He covers Mexico, Central America and the Caribbean. One lawsuit out of North Carolina could have broad ramifications, with Republicans asking . But the case has wider, more meaningful consequences for the rest of the country. October 2022 (PDF) November 2022 (PDF) December 2022 (PDF) January 2023 (PDF) February 2023 (PDF) October Term 2021. Or just give us a rating for this story. The legislators returned to the court later in March, seeking review of the North Carolina Supreme court's decision invalidating the legislature's map and ordering a new map for the 2022 elections. newsletter for analysis you wont find anywhereelse. The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections, Chief Justice Roberts wrote. Before departing for its customary summer recess, the court is expected to announce whether colleges can continue to use affirmative action, whether President Joe Biden has the authority to cancel student debt and whether certain businesses have a right to refuse services for same-sex weddings. US Supreme Court affirms state courts' authority over election rules The states Supreme Court initially rejected the map as a partisan gerrymander. Arguments Argument Docket. All of this could change, however, over the next two weeks as the court churns out decisions in some of the terms biggest and most politically divisive cases. The survival of affirmative action in higher education is the subject of two related cases, one involving Harvard and the other the University of North Carolina. Practically speaking for North Carolinians, the ruling doesnt actually mean much: Republicans took control of the state Supreme Court after the 2022 elections and have already reversed the courts 2022 decision. But taken together, some have cast the two cases as an existential challenge toward the American election system, with particularly strong outcomes in both cases undermining checks-and-balances in the system. 05/13/2023 07:00 AM EDT. That ruling effectively decided the outcome of the presidential election, by shutting down a recount that the state high court had ordered. So the dispute between state lawmakers and state judges at the center of the case has been resolved. All Rights Reserved. This case could be the next blow. April 19, 2023; Washington, DC, USA; Media wait as the Supreme Court is slated to make a decision on abortion pills on Wednesday. The Supreme Court has narrowed the scope of the Clean Water Act, Supreme Court to take on controversial election law case, The Supreme Court is weighing a theory that could upend elections. The Supreme Court, shown on June 27, 2023, rejected 6-3 an election theory that would have upended the way federal elections are run. Narratively, this defeat becomes more of a victory.. And the impact may not have been limited to congressional maps: State courts might not have been allowed to strike down any federal election laws, such as voter-ID requirements or restrictions on absentee voting. The Supreme Court has an electoral 'bomb' on its hands - POLITICO All the other justices have three or fewer dissents. The Supreme Court said Tuesday that the North Carolina Supreme Court did not violate the elections clause of the US Constitution when it invalidated the state's 2022 congressional map CNN. But this term, she has formally dissented in only one case, an arcane dispute about regulations of foreign bank accounts. The reason: She believes that marriage should only be between a man and a woman. The ruling in a redistricting case applied to the Elections Clause of the Constitution, which governs rules for federal elections. Mark Sherman, Associated Press. A weekly digest of Monitor views and insightful commentary on major events. Jonathan Adler, a law professor at Case Western Reserve University, cautioned against drawing firm conclusions based on variations in the Supreme Courts apparent polarization from term to term. Whats preventing Syrian refugees return home? Key cases on the Supreme Court's docket next term - Yahoo News Reggie Weaver speaks in Raleigh, North Carolina, Feb. 15, 2022, about a partisan gerrymandering ruling by the North Carolina Supreme Court. The Supreme Court in 2019 barred federal judges from curbing partisan gerrymandering. Less clear, however, was how the justices might decide the particular workers case. But its about Black Americans and whether or not your vote and your voice will be influential, impactful and heard.. In the particular case before the justices, the North Carolina Supreme Court ruled that the Republican-dominated state Legislature, in drawing new congressional districts after the 2020 census, violated the state constitution with an extreme partisan gerrymander. The Courts new term starts in October and includes significant voting cases. If that happens, both will be landmark conservative victories and devastating blows to progressives. We have a mission beyond circulation, we want to bridge divides. For an optimal experience visit our site on another browser. During a morning address Thursday in which he anticipated the ruling, he lit into the court. Justice as we know it, with all its shortcomings, could experience a setback, Mr. Garza Onofre said. improve functionality and performance. But the justices clearly indicated that there is a role for federal courts to intervene which, as both Roberts and Kavanaugh noted in their opinions, is what then-Chief Justice William Rehnquist said in his concurring opinion in Bush v. Gore back in 2000, when the justices jumped in to overrule the Florida Supreme Court. It could be the latest blow that the Supreme Court strikes to the Voting Rights Act, the landmark 1965 law that ushered in greater political representation for Black Americans and other people of color in the decades since its passing. Everyones going to be waiting to see where the court goes, and then theyll have to reevaluate the maps that they enacted legislative and congressional to see if theyre in compliance, said Adam Kincaid, the executive director of the National Republican Redistricting Trust. WASHINGTON (AP) The Supreme Court is getting ready to decide some of its biggest cases of the term. Conservative Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented, saying the case should have been dismissed. Wednesday 9/14 2022. But even some conservative attorneys have rejected Eastmans interpretation, and there is significant disagreement among election legal scholars on the threat the independent legislature theory poses here. Case tests how far employers must go to accommodate the religious views of employees. 10:00 a.m. Supreme Court's biggest decisions of the term are coming. Here - PBS Many had worried that a court approval of the more extreme interpretations of the independent state legislature theorycould have played havoc with election arrangements across the country, particularly in states where either party has solid legislative control. Forty-six years ago, the court, by a lopsided margin, ruled that an employer need not accommodate a worker's desire to avoid work on the Sabbath if that would mean operating shorthanded or regularly paying premium wages to replacement workers. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. The three liberals have managed to align with varying conservative justices to build ideologically scrambled majorities in technical cases involving overtime pay, nursing home abuses, the federal prosecution of a Turkish bank and a dispute over a roadway easement. The reading of the Constitutions Elections Clause that underpins the case called the Independent State Legislature theory has gotten buy-in from much of the conservative legal world, and four Supreme Court justices have signaled at least some favorability toward it. Proponents of the independent state legislature theory argued that a literal reading of the U.S. Constitution gives state lawmakers the final say in regulating votes for federal office, unchecked by governors, state courts, or state constitutions. Hearing Lists. Mexico's Supreme Court Rejects AMLO-Backed Election Changes - The New Before next summer, and well in advance of the 2024 presidential election, the Court could strip state courts and state constitutions of their ability to check and balance state legislators when . You can renew your subscription or Calendars and Lists - Supreme Court of the United States Democrats, voting rights advocates, and some legal experts praised the decision as respectful of the status quo. But it will be murkier than it was previously.". Supreme Court May Hear '800-Pound Gorilla' of Election Law Cases The Supreme Court is entering the home stretch of a term that at least so far has confounded the narrative of a court fully captured by the right: Ideologically polarized 6-3 votes have temporarily disappeared, and the liberal justices are getting their way more often than the courts staunchest conservatives. One lawsuit out of North Carolina could have broad ramifications, with Republicans asking the Supreme Court to revoke the ability of state courts to review election laws under their states constitutions. Republicans seeking to restore the GOP-friendlymap requested that the U.S. Supreme Court intervene, arguing that the state courtdidnot have the power to act. This term so far reinforces the point that not all cases not even all important cases split the justices along right-left lines, said Ilya Somin, a law professor at George Mason University. But state legislatures, according to Chief Justice John Roberts majority opinion, are bound by state constitutions when making the rules surrounding federal elections, and the elections clause doesnt give them a pass to evade normal checks and balances. Somin was referring to decisions earlier this month in Allen v. Milligan, a stunning 5-4 decision in which Chief Justice John Roberts and Justice Brett Kavanaugh joined the three liberals in favor of Black voters suing Alabama under the Voting Rights Act, and Haaland v. Brackeen, a 7-2 decision in which the court upheld a federal law that gives preference to Native American families in the adoption of Native children. hide caption. Citing the widely debunked claims of what he called outright fraud during the 2020 election, Eastman said that Republican legislatures could legally submit their own electors who would vote for Trump. The administration has said millions of borrowers would benefit from the program. The Supreme Court is seen in Washington, D.C., July 24, 2022. Roberts stopped short of announcing a legal test for determining when a state court has ventured too far, but that conclusion could still give politicians another chance to defend contested rules or maps. They talked and even laughed, precious moments that will likely fortify them all.Mr. Other cases like a pair of lawsuits against social media companies over pro-terrorist content on their platforms raise novel questions that may not adhere to conventional legal ideologies. Hear about special editorial projects, new product information, and upcoming events. Her opponents, meanwhile, say that if she wins, a range of businesses will be able to discriminate, refusing to serve Black, Jewish or Muslim customers, interracial or interfaith couples or immigrants. If you were to come up with a punchline to a joke about the Monitor, that would probably be it. Sometimes, we call things boring simply because they lie outside the box we are currently in.. Jessica Gresko, Associated Press Were run by a church, but were not only for church members and were not about converting people. A 2006 decision by the Supreme Court, meanwhile, is having an uneven effect on election cases in lower courts - including some that deal with redistricting and others that involve voting . He has been granted bail repeatedly only to be rearrested; his trial is moving slowly.In Russia, Wall Street Journal reporter Evan Gershkovich, arrested in March, appeared in Moscow City Court. As a whole, they are so serious that they violate the constitutional principles of Mexican democracy, Justice Luis Mara Aguilar said during the courts discussion. The justices also rejected a theory that could have transformed elections for Congress and president by leaving state legislatures virtually unchecked. We want to hear from you. As election season accelerates, the Supreme Court has still not said what it will do in a case about the power of state legislatures to make rules for congressional and presidential elections without being checked by state courts. In most states, such redistricting is done by the party in power, which can lead to map manipulation for partisan gain. The state is over one-quarter Black, but just one of its seven districts is majority-minority. "The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review," Roberts wrote of that constitutional provision. The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review, Roberts wrote. My work in Kenya, for example, was heavily influenced by a Christian Science Monitor article I had forced myself to read 10 years earlier. https://www.pbs.org/newshour/politics/supreme-courts-biggest-decisions-of-the-term-are-coming-heres-what-to-watch, Supreme Court lifts hold on Louisiana redistricting case that could boost power of Black voters, WATCH: Biden and Harris hold event marking anniversary of Supreme Courts Dobbs ruling, Supreme Court rejects Republican-led challenge to Biden policy on deportations, Supreme Court rules for law used to prosecute people accused of encouraging illegal immigration, Supreme Court rules against man given 27 years in prison on gun charges, Supreme Court rules against Navajo Nation on water rights dispute, Whats at stake in the Supreme Court affirmative action cases, survival of affirmative action in higher education, Supreme Court hears arguments in cases that could end affirmative action, Borrowers face tough decisions as resumption of student loan payments approaches, objects to making wedding websites for same-sex couples, Supreme Court hears case pitting gay rights against religious freedom, to make rules for congressional and presidential elections, Supreme Court considers state lawmakers authority over voting rules. We know Monitor readers have kept Mr. Shah in their thoughts, and supported The Kashmir Walla, as well.Such gestures may seem small. Support Intelligent, In-Depth, Trustworthy Journalism. Electoral districts are redrawn each decade to reflect population changes as measured by a national census, last taken in 2020. A ruling accepting a strong version of the independent state legislature theory could reopen maps that courts drew this election cycle, such as Pennsylvania or New York and could, in theory, even challenge the legitimacy of independent redistricting commissions. So we dont yet know what this will mean in practice. The high court could still take up a similar case from Ohio and reach a decision there, but it wouldnt be until after the 2024 elections. The Supreme Court returns October 4th for its 2021-2022 Term, and the justices will hear cases on a number of important issues: abortion, the 2nd Amendment, religious liberty . An unexpected ruling this month by the U.S. Supreme Court has kept in place a key section of the Voting Rights Act. The North Carolina Supreme Court, with a new majority of Republican judges, has undone its redistricting decision. These include continued false claims of fraud in the 2020 and 2022 elections, threats against election officials, and the lingering effects of the Jan. 6, 2021, Capitol riot. contact customer service A handful of Republican-dominated states Missouri, Nebraska, Iowa, Arkansas, Kansas and South Carolina have asked the Supreme Court to permanently block the Biden administration's student loan forgiveness program. Nathaniel Rakich is a senior elections analyst at FiveThirtyEight. Eastman expressed disappointment with the ruling, saying in an email exchange that when it comes to presidential elections, "a legislature will be impotent to address questions of obvious illegality and fraud in the conduct of the election in a timely manner. Chief Justice John Roberts dissented against the initial decision to stay the lower courts order, but he nevertheless wrote that the original Supreme Court case and its progeny have engendered considerable disagreement and uncertainty regarding the nature and contours of a vote dilution claim., In its briefings before the court, Alabama argued the lower courts erred and said that the state had a race neutral reason for drawing its current map: Just because a majority-minority district could be drawn does not mean that it must be drawn.. Some GOP state officials want that narrowed, The Supreme Court Case That Will Decide if Voting Rights Should Be Race-Blind, How a Supreme Court justice's paragraph put the Voting Rights Act in more danger. The state appealed to the Supreme Court, which by a 5-4 vote blocked the lower court ruling, which ordered a new map for the 2022 election, then nine months away. We tackle difficult conversations and divisive issueswe dont shy away from hard problems. When the court heard arguments in the case in February, the plan didnt seem likely to survive, though its possible the justices could decide the challengers lacked the right to sue and the plan can still go forward. Learn more about Friends of the NewsHour. | Patrick Semansky/AP Photo. The cases were argued last October. Since the next presidential election is already underway, the next president should make this lifetime appointment to the Supreme Court." March 16, 2016 Mike Rounds, South Dakota But if the court had embraced the idea, the legal rationale could have applied also to the Electors Clause, which lays out how presidents are elected. That was too much for Chief Justice John Roberts, a longtime critic of the Voting Rights Act, but who this time dissented along with the court's three liberals. The case involves a Christian graphic artist from Colorado who wants to begin designing wedding websites but objects to making wedding websites for same-sex couples. Supreme Court rejects controversial Trump-backed election law theory - CNN Here are the major Supreme Court decisions we're still waiting for this But youll find in each Monitor news story qualities that can lead to solutions and unite usqualities such as respect, resilience, hope, and fairness. Mexicans casting ballots in Ciudad Jurez in 2018. Supreme Court May Hear '800-Pound Gorilla' of Election Law Cases. Supreme Court conservatives seem divided in major religion cas, Supreme Court will hear challenge to Biden's student debt-relief program, Biden's student loan relief faces its biggest test yet at the Supreme Court, Conservative and liberals split at Supreme Court over Biden student loan plan, Who counts as Black in voting maps? The rule of law has never been threatened with the approval of the reforms, the presidents legal adviser wrote in a statement in March. Light illuminates part of the Supreme Court building on Capitol Hill in Washington, Nov. 16, 2022. But theres a wrinkle. The de minimis language has sparked lots of criticism over the years, but Congress has repeatedly rejected proposals to provide greater accommodation for religious observers, including those who object to working on the Sabbath. What every Republican senator has said about filling a Supreme Court Here's how, Is drawing a voting map that helps a political party illegal? A ruling rejecting a broad version of the "independent state legislature theory" could help deter far-fetched legal arguments in the 2024 election. Monitor journalism changes lives because we open that too-small box that most people think they live in. A governors veto or a court decision in turn could have maintained those things for gubernatorial, state legislative, and municipal elections. A far-right candidate . The current Supreme Court has not been shy about shaking up major aspects of American life, as shown by last year's decision striking down federal . As is typical, the last opinions to be released cover some of the most contentious issues the court has wrestled with this term including affirmative action, student loans and gay rights. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. The justices will also decide the fate of President Joe Bidens plan to wipe away or reduce student loans held by millions of Americans. Eastman's argument was never put to the test because Pence refused to go along, but some of the other wild claims made in court during the 2020 election also touched upon the independent state legislature theory. While important in legal terms, the decision in Moore v. Harper will have little practical effect in the state that brought it to the Supreme Court. 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You cannot look at these cases objectively, without acknowledging the fact that taken together, they could determine whether or not the United States remains as the democracy that we have come to love, former Attorney General Eric Holder, who leads the National Democratic Redistricting Committee, told reporters. Proponents of the independent state legislature theory have argued that a literal reading of the U.S. Constitution gives state lawmakers the final say in regulating votes for federal office, unchecked by governors, state courts, or provisions in state constitutions.
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