SCOTUS to Review State Legislatures' Powers in Federal Elections

    Image copyright: AP [via The New York Times]

    The Facts

    • SCOTUS on Thurs. said it would hear a case regarding how federal elections are conducted by state legislatures, possibly giving them independent power free from review by state courts.

    • In Moore v. Harper, GOP lawmakers in N.C. claim that state courts violated their constitutional right to determine "the times, places and manner of congressional elections" when they struck down their district map.

    The Spin

    Democratic narrative

    By taking this case, SCOTUS has opened up the possibility of allowing states to subvert national elections, which is exactly what Trump tried to do after he lost in 2020. Beyond the courts, if SCOTUS rules in favor of the N.C. legislators, state election agencies that are just doing their job could be overruled by legislatures whose majority party lost an election.

    Pro-Trump narrative

    After a session that featured triumphs related to abortion, gun rights and election integrity, the decision to hear this case is another victory for the republic. This was all made possible by former President Trump's appointments, which remade SCOTUS and the entire judiciary with originalist judges.

    Nerd narrative

    There is a 31% chance that any state will refuse to certify its election results during the 2024 US presidential election, according to the Metaculus Prediction community.

    Political split



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