If the conservative supermajority of the Supreme Court applies the law fairly, North Carolina’s argument should be dead in the water. Sadly, that's a big if.
Although those arguments were in the context of a state court applying a state constitution to deal withelection rules in supposed violation of Article II, in the North Carolina case we see the parallel argument in relation to Article I, section 4.
The Supreme Court accepting North Carolina’s argument would lead to some horrible consequences. First, it would neuter state courts’ abilities to rein in partisan gerrymandering, further undermining democratic representation. Second, the Supreme Court would be acting in a way that could tip control of Congress to Republicans.
But most importantly, siding with North Carolina could profoundly alter the balance of power between state courts and state legislatures. It could essentially neuter the ability of state courts to protect voters under provisions of state constitutions against infringement of their rights. This would apply not only to redistricting but to laws restricting registration and voting practices. It would allow hostile legislature to run roughshod over legislative rights.
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