The Supreme Court seems poised to take on a new election case that could increase the power state lawmakers have over races for Congress and the presidency.
The issue has arisen repeatedly in cases from North Carolina and Pennsylvania, where Democratic majorities on the states’ highest courts have invoked voting protections in their state constitutions to frustrate the plans of Republican-dominated legislatures.
It only takes four of the nine justices to agree to hear a case. A majority of five is needed for an eventual decision. But if the justices are going to get involved, Hasen said, “it does make sense for the Court to do it outside the context of an election with national implications.” The new map that eventually emerged and is being used this year gives Democrats a good chance to win six seats, and possibly a seventh in a new toss-up district.
If the GOP does well in November, the party also could capture seats on state supreme courts, including in North Carolina, that might allow for the drawing of more slanted maps that previous courts rejected. Two court seats held by North Carolina Democrats are on the ballot this year and Republicans need to win just one to take control of the court for the first time since 2017.
That was the argument that Thomas and two other conservative justices put forward in Bush v. Gore, although that case was decided on other grounds.
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