U.S. Supreme Court approves Pennsylvania and North Carolina electoral maps – JURIST
The United States Supreme Court on Monday denied petitions in the Pennsylvania and North Carolina electoral map cases, allowing new district maps to take effect. The move comes after courts in both states rejected maps drawn by state legislatures. In doing so, the state supreme courts modified the maps so that they more closely aligned with the requirements of each state’s constitutions.
Some think the cards will be more pro-Democratic than the alternatives. As a result, challenges to the maps were mounted by Republican groups who felt that the new maps would place them at an electoral disadvantage. The key argument for the groups is the “independent state-legislature theory”. The theory holds that the Election Clause, which states that elections shall be “prescribed in each state by the legislature thereof,” gives exclusive power to state legislatures to draw maps of Congress.
If the doctrine were adopted, there would be less oversight in dealing with partisan gerrymandering. In the North Carolina case, Judge Kavanaugh drafted an agreement authorizing the card. However, he said he “believes[s] the Court should grant certiorari in an appropriate case. Judge Alito, joined by Judges Thomas and Gorsuch, said he would have granted certiorari and heard the case. His rationale was that it was “likely that [plaintiffs] would prevail on the merits.
These two opinions make it increasingly likely that the court will decide this issue in the coming years. When they do, the effects could have a big impact on the distribution of power in Congress. The decision will also test the ideological boundaries of conservative judges
The North Carolina Supreme Court postponed its primary election from March to May 2022 due to this litigation.