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Home Americas

Six to Three for Democracy

by Ava Harper
June 28, 2023
in Americas, Top Stories, United States
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Republicans in the US state of North Carolina sought to redraw the boundaries of their electoral districts. The Supreme Court rejected this, and its ruling could have a significant impact on elections across the country.

Ruling Awaited with Tension

The ruling had been eagerly awaited in the United States, and it has brought relief, particularly among Democrats. But not only among Democrats. Former federal judge Michael Luttig, known for a more conservative than liberal stance, called the court’s decision on National Public Radio a resounding and overwhelming victory for American democracy.

Indeed, the Supreme Court’s decision revolved around the question of whether lawmakers in individual states can make decisions on electoral matters without legal oversight. Therefore, does the principle of “checks and balances” still apply, which ensures mutual control among the various constitutional organs? Former Attorney General Neal Katyal argued the case before the Supreme Court as a lawyer.

Following the decision, Katyal said on MSNBC with reference to the Republicans in North Carolina who brought the case before the Supreme Court: “They wanted to undermine our system of mutual control and empower state legislators to do whatever they want in elections. I cannot think of anything more un-American.” Katyal emphasized that the Constitution clearly supersedes politics.

Judge Argues with Electoral Clause

The case originated in North Carolina, where the Republican-led legislature made changes to the electoral districts to improve the outcome for their own party. The Democrats challenged this in court in North Carolina, and the challenge was successful. In response, the Republicans brought the case before the Supreme Court, arguing that the court in North Carolina was not authorized to declare the electoral district illegal.

The basis for this position is a legal theory that states only state legislatures can decide on election laws or the boundaries of electoral districts. This theory has gained many supporters, especially among followers of former President Donald Trump.

With a six-to-three majority, the Supreme Court rejected the controversial legal theory. Chief Justice John Roberts wrote in the ruling: The Electoral Clause does not protect state legislators from the usual judicial control in the states.

Chaotic Consequences Feared in Advance

Joan Biskupic, a legal expert at CNN, described it as a remarkable ruling. Especially since it seemed that some justices of the conservative Supreme Court were at least open to this theory, according to Biskupic. She explained that if the Supreme Court had deemed the theory constitutional, it could have had chaotic consequences. Many experts were concerned, especially with regard to the presidential election next year, that electoral districts could be manipulated.

Even former US President Barack Obama, who does not often comment on court decisions, tweeted with relief that the Supreme Court had rejected the outlandish theory. The approach had threatened to turn democracy on its head.

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