Biden Administration Advises Supreme Court to Reject ‘Disruptive’ Theory in NC Elections Case
The Biden administration has urged the Supreme Court to reject a novel legal theory pushed by Republicans in an upcoming elections case from North Carolina that could strip state courts of their ability to oversee federal election-related disputes.
Solicitor General Elizabeth Prelogar wrote in a brief filed late on Wednesday that the case being argued on Dec. 7 would have “extraordinarily disruptive consequences” if the court, which has a 6-3 conservative majority, embraces the “independent state legislature” theory. The court’s ruling, due by the end of June, could have a major impact on the 2024 presidential election.
The Justice Department brief was one of dozens filed Wednesday in support of the state of North Carolina and voting rights advocates, who are defending a state Supreme Court decision that threw out a congressional district map drawn by the Republican-controlled legislature. The state court, basing its decision on protections in North Carolina’s Constitution, adopted a map drawn by experts that is less favorable to Republicans.
