A broad ruling could threaten hundreds of election laws, require separate rules for federal and state elections on the same ballot and lead to new efforts to redraw congressional districts to maximize partisan advantage.
But it was harder to see exactly where the court would land. In particular, a trio of conservative justices who probably control the outcome, Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett, indicated they might be open to imposing restraints on state court power in limited circumstances.
“This is a theory with big consequences,” Kagan said, that would allow for the “most extreme forms of gerrymandering from legislatures.” The other liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, also appeared favorable to the role of state courts in the process. If there seemed a lack of support for the broadest outcome, Roberts on several occasions talked about the tension between federal and state judicial power.
The North Carolina state Supreme Court struck down districts drawn by Republicans who control the legislature because they heavily favored Republicans in the highly competitive state. The court-drawn map used in last month’s elections for Congress produced a 7-7 split between Democrats and Republicans.
“Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” Roberts wrote, in an opinion joined by Justices Samuel Alito, Neil Gorsuch, Clarence Thomas and Kavanaugh.
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