Since the 2020 presidential election, Supreme Court Justices Clarence Thomas, Samuel Alito and Neil Gorsuch have been erecting the scaffolding for a decision that could transform election practices nationwide.
During oral arguments Wednesday in a North Carolina case, they reinforced their positions and appeared to find some support from fellow conservative Justices Brett Kavanaugh and Amy Coney Barrett. The question is whether the trio’s most radical view – effectively giving state legislatures control of elections, without oversight from state judges – would prevail.
North Carolina lawyer cites Thomas’ Second Amendment ruling Thomas, now age 74, has been the court’s most consistent conservative, particularly for an “originalist” approach to constitutional interpretation. Last session, he authored the New York State Rifle & Pistol Association v. Bruen decision, based on a historical reading of the Second Amendment. The court declared for the first time a right to carry a weapon outside of the home.
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