‘Test for American democracy’: SCOTUS hears oral arguments in NC elections case
by Anjali Patel for WLOS,
ASHEVILLE, N.C. (WLOS) — The U.S. Supreme Court (SCOTUS) on Wednesday heard oral arguments for Moore v. Harper, an elections case originating from North Carolina.
The court agreed to take up the case earlier this summer, after N.C. House Speaker Tim Moore, who brought the case, asked the nation’s highest court to intervene.
It all started in this latest redistricting cycle and is the latest attempt by North Carolina Republicans to draw U.S. House districts that favor GOP candidates.
At the core of this issue is the “Independent State Legislature” doctrine, a political theory that essentially says only the legislature has the power to regulate federal elections without interference from state courts. It’s a fringe legal theory based on a broad interpretation of Article 1, Section 4 of the U.S. Constitution, which says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
In this case, House Speaker Tim Moore is contending that the U.S. Constitution gives the General Assembly the authority to draw districts for federal elections without interference from the courts.
NCGOP chairman Michael Whatley provided the following statement:
“Despite the Democrats’ spin, this case boils down to whether or not the legislature has ultimate authority to draw election maps. The Constitution answers that question clearly, and we look forward to the Supreme Court putting an end to this era of activist progressive judges imposing their own political will from the bench.”
Meanwhile, many others see the case as a threat to democracy as we know it.
On Wednesday, organizers with Common Cause North Carolina, which is a respondent in Moore v. Harper, were in Asheville to sound the alarm about this case at a press conference.
“Essentially, what they want is unbridled power to gerrymander the maps and suppress the vote,” said Bob Phillips, the executive director of Common Cause North Carolina.
Phillips went on to say, “the courts have always been the place where we the people seek relief from bad maps.”
The chair of the Buncombe County Board of Elections was also at the press conference, expressing fears that a decision in favor of the GOP wouldn’t just pave the way for unfair maps but also new rules and procedures for federal elections.
“What happens if we have two different sets of rules for federal races versus state and local races? We would actually have to have two different systems to manage that operation,” said Jake Quinn, chair of the Buncombe County Board of Elections.
Quinn called this case a major test.
“This is a test for our Supreme Court. This is a test for American democracy,” Quinn said.
Quinn said Moore v. Harper is the GOP-led legislature’s “Hail Mary” attempt to get what they have been seeking for years.
“If they win, they’ll be glad that they get to do exactly what they want to with respect to maps,” Quinn said. “But I don’t think there’s been a whole lot of consideration given to the implications for that. If Moore v. Harper decides that our state courts don’t have a place in the administration of federal elections, that there are no checks and balances at the state level of federal elections, there’s going to be chaos. We don’t know what could happen.”
Quinn added, the GOP is trying to undo more than 200 years of political precedent.
“Moore v. Harper is a monumental threat to our democracy. It would give a few state legislators free rein to set the rules for elections and voting, to deprive citizens of the opportunity to express their voice at the polls. This could include, as you heard, gerrymandered maps, aggressive purging of voter rolls, limitations on the opportunity to vote, baseless changes to election results. There would be no opportunity for state courts or the governor to intervene,” said Suzanne Fisher, with the League of Women Voters of Asheville-Buncombe, who also spoke at the press conference in Asheville on Wednesday.
North Carolina Attorney General Josh Stein provided the following statement:
“Today’s case is among the most consequential affecting our democracy in the history of our nation. The core question is this: who has political power in America? The people or the politicians? My office argues, and the North Carolina Supreme Court agrees, that the people possess all political power in North Carolina. The people of North Carolina must choose their representatives, not the other way around.
Unfortunately, North Carolina’s legislative leaders have embraced the radical so-called Independent State Legislature theory. They argued this morning that they can draw congressional districts however they wish – even in violation of the will of the people. For them it’s raw power over democracy, politicians over people.
I believe in the truth of our state Constitution – “All political power is vested in and resides in the people [and] is founded upon their will only.” With this case, the Supreme Court faces a true test of its commitment to our democracy. I hope and pray that the justices pass that test and do not fail our nation.”
Gov. Roy Cooper also wrote an opinion piece that was published in the New York Times, saying this case could “upend democracy.”
It remains to be seen how or when the Supreme Court will decide this case. Justices spent approximately 3 hours hearing oral arguments Wednesday, during which CNN reports that some of the conservative justices seemed open to the GOP’s arguments.
Given SCOTUS’ recent landmark rulings, one of which led to the overturning of Roe v. Wade, critics of this case say they are nervous about this decision.
“We’ve seen some really concerning decisions that have been made. The complexion of this court is still largely unknown and we already know that three, perhaps four justices, are perhaps leaning or thinking receptively that this independent state legislative theory is perhaps the way to go, so we’re all very concerned about that,” Phillips said.
Read Suzanne Fisher’s remarks here.
See the complete WLOS news story here.
