In what has to be a landmark decision, the U.S. Supreme Court ruled Tuesday that state legislatures do not have unchecked power over federal elections.
Lawmakers had invoked the “independent state legislature” theory, claiming they and they alone, have power in federal elections. Had this been affirmed by the court our legislature could possibly override the popular vote in the next presidential election, naming their own electors to cast our votes in the Electoral College. Our former president advocated this. The Supremes rejected this notion, handing the voters of North Carolina a victory.
It was the North Carolina legislature that brought the case to the high court. The census required that our state redistrict all congressional, legislative and judicial districts to more equally reflect the demographic makeup of our state. Republicans drew congressional maps so blatantly partisan in “packing, stacking and cracking” districts that even they admitted the results would elect 10 Republicans and four Democrats to congress. We will never forget the House redistricting chair boasting that the only reason they drew maps to elect 10 from their party was because they couldn’t figure out how to draw them to elect more.
The resulting lawsuits challenged not only the racial impact but also the blatant partisan nature in a state where voter registrations were near parity. The story gets complicated here, with twists and turns, in and out of courts, reaching a crescendo as the 2022 elections approached. Let me attempt a cliff-notes version of the saga.
A three-judge panel of Superior Court judges was charged with determining the constitutionality of the maps. They, in turn, hired a panel of “special masters,” which included two former Supreme Court Justices and a former Superior Court judge and finally determined the legislative maps constitutional, but the congressional maps were not.
The N.C. Supreme Court ordered and had drawn congressional maps just for the 2022 elections, stating that the legislature must redraw them before 2024. Those maps resulted in the election of seven Republicans and seven Democrats to congress.
Republican legislative leadership was incensed by the court overruling them and sued. In Moore v. Harper, legislators cited Article 1 Section 4 of the U.S. Constitution that says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing (sic) Senators.” The verdict was long anticipated and legislative leadership acknowledged they weren’t going to attempt the redistricting task until after the Supreme Court ruled on Moore v. Harper.
The initial N.C. Supreme Court ruling that tossed out the maps was made when Democrats had a plurality of members on our high court, however Republicans gained control in the 2022 elections and overturned the previous Democratic overturning. Curiously, when the Republican dominated court overturned the ruling previously made by Democrats, they didn’t overturn the requirement that new maps be drawn prior to 2024, increasing the likelihood that lawmakers could once again disenfranchise voters without worrying about the N..C court overturning them.
The U.S. Supreme Court, by a 6-3 vote, delivered a rebuttal to the lawmakers. Chief Justice John Roberts wrote that state courts, “retain the authority to apply state constitutional restraints” in disputes over the rules that state lawmakers set, adding further that the federal courts, “must not abandon their own duty to exercise judicial review.”
House Speaker Tim Moore, one of the principal plaintiffs in the lawsuit tried to minimize the loss, saying that he was not surprised by this week’s ruling. Attorney General Josh Stein, a Democratic candidate for governor in 2024, said the ruling “reaffirmed the most central principle of our democracy: that the people, not politicians, have political power,” adding it affirms the importance of checks and balances.
Here’s my spin: While this ruling was a victory for voters and a defeat for power-hungry state legislatures, it wasn’t the total win many Democrats had hoped for and leaves some wiggle room that needs addressing.
North Carolina does not have a law, as some states do, that bans overt gerrymandering and until we have a fairer and more balanced approach to drawing district maps, we will continue to see the perpetual lawsuits that follow every redistricting effort.
Our legislature continues to pass laws that disenfranchise voters, such as the recent one saying that if an absentee ballot is not received by election day it will be tossed out. Our soldiers overseas and all absentee voters depend on a U.S. postal system that is increasingly undependable to deliver their ballots on a prompt manner. Another lawsuit waiting to happen!
Despite concerted efforts to discredit our electoral system there is undisputedly little fraud or corruption with the administration of our elections. We should be doing everything we can to encourage people to vote instead of discouraging — even punishing — them.
In the meantime, let us cheer this decision and work to further empower voters, not politicians.
Tom Campbell is a Hall of Fame North Carolina Broadcaster and columnist who has covered North Carolina public policy issues since 1965. His weekly half-hour TV program, NC SPIN aired for 22 ½ years. Contact him at tomcamp@carolinabroadcasting.com.
