; credentialed, retired Republican judges; the co-founder of the conservative Federalist Society; former California governor Arnold Schwarzenegger; and Republican election lawyer Ben Ginsberg — who, in the words of the Brennan Center report, “worked in the“This case is nothing less than a direct challenge to our system of checks and balances. It’s truly a fringe, fringe theory,” said Eric Holder, who served as attorney general under President Barack Obama.
The doctrine comes from the U.S. Constitution’s election clause, which says that the “Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” There is similar language regarding presidential electors. When North Carolina’s GOP leaders asked the U.S. Supreme Court to block the imposition of the court-ordered congressional map, a majority of justices refused. But Alito, Thomas and Gorsuch dissented, saying the legislature seemed to have the better argument.limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections,” Alito wrote.
North Carolina Common Cause Executive Director Bob Phillips said there has not been an election since 1971 in which the state’s redistricting plans have not been challenged.
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