By MARK SHERMAN
WASHINGTON — The Supreme Court ruled Tuesday that state courts can act as a check on their legislatures in redistricting and other issues affecting federal elections, rejecting arguments by North Carolina Republicans that could have transformed contests for Congress and president.
The justices by a 6-3 vote upheld a decision by North Carolina’s top court that struck down a congressional districting plan as excessively partisan under state law.
The high court did, though, suggest there could be limits on state court efforts to police elections for Congress and president.
Chief Justice John Roberts wrote for the court that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.”
The practical effect of the decision is minimal in that the North Carolina Supreme Court, under a new Republican majority, already has undone its redistricting ruling.
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch would have dismissed the case because of the intervening North Carolina court action.
Another redistricting case from Ohio is pending, if the justices want to say more about the issue before next year’s elections.
Former President Barack Obama applauded the outcome. “This ruling is a resounding rejection of the far-right theory that has been peddled by election deniers and extremists seeking to undermine our democracy. And it makes clear that courts can continue defending voters’ rights — in North Carolina and in every state,” Obama said in a statement.
Derek Muller, a University of Iowa law professor and elections expert, said Tuesday’s decision leaves some room to challenge state court rulings on federal election issues, “but these are likely to be rare cases”
“The vast majority of state court decisions that could affect federal elections…
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