on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.
But Chief Justice John Roberts wrote for the court that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”The Legal Trick That Could Undermine the 2024 Election—If the Supreme Court Doesn’t Shut It Down
Another redistricting case from Ohio is pending, if the justices want to say more about the issue before next year’s elections. Potentially at stake were more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places, according to the Brennan Center for Justice at the New York University School of Law.
The question for the justices was whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process.
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