Supreme Court Denies Republican Request To Overturn Voting Maps, Giving Democrats An Edge In North Carolina, Pennsylvania

Topline

The Supreme Court Monday denied requests from Republicans in North Carolina and Pennsylvania to block new state-court-approved electoral district maps, handing Democrats a win in the latest skirmish over redistricting as midterm elections draw nearer.

Key Facts

The judicially approved maps favor Democratic candidates more than previous legislature-drawn maps—which state courts decided were gerrymandered in favor of Republicans—giving Democrats a stronger chance of keeping control of the U.S. House in November.

Justices Samuel Alito, Neil Gorsuch and Clarence Thomas dissented on the court’s decision for North Carolina, claiming that the state’s supreme court usurped the power of the legislature when it took it upon itself to decide how the state’s congressional elections would be conducted.

Justice Brett Kavanaugh, in a concurring opinion, said that, though both sides of the North Carolina case had offered serious arguments, the U.S. Supreme Court has consistently ruled that federal courts should not interfere with state election laws near an election.

Kavanaugh said that, because this problem is likely to come up again until finally resolved, the U.S. Supreme Court should review either the North Carolina case or a similar case from a different state during the court’s next term.

Key Background

Electoral districts are revised every 10 years to incorporate updated data from the U.S. Census. Typically, revised maps are drawn by the party controlling the legislature, which may intentionally skew the map to favor candidates of their own party, a practice termed gerrymandering. In 2019, the U.S. Supreme Court ruled that federal judges should not intervene to prevent gerrymandering, even in states where gerrymandering is explicitly considered unconstitutional. February 4, the North Carolina Supreme Court ruled that a voting map approved by the Republican-controlled legislature was gerrymandered against Democratic candidates, leading the state supreme court to revise the map. Republicans hope to regain control of the House—which is currently narrowly dominated by the Democrats 222-211—in the upcoming midterm elections.

What To Watch For

Pennsylvania and North Carolina party primaries are scheduled for May 17. National midterm elections are scheduled for November 8.

Further Reading

“New Maps Limit Minority Voting Power” (Forbes)

Source: https://www.forbes.com/sites/zacharysmith/2022/03/07/supreme-court-denies-republican-request-to-overturn-voting-maps-giving-democrats-an-edge-in-north-carolina-pennsylvania/