- The Washington Times - Thursday, March 2, 2023

The Supreme Court called Thursday for additional briefing in a high-profile case concerning the control of state legislatures over election laws. 

A ruling in the case was expected by the end of June. But it’s possible the court could do away with the case, given the North Carolina Supreme Court recently announced in a rare move that it would be rehearing the dispute, following the balance of the state’s highest court going from a majority of Democratic judges to a majority of Republicans.

The high court did not issue a comment about how it will proceed with the case, but in an order Thursday, the justices asked the parties to provide further briefing by March 20 addressing the Supreme Court’s jurisdiction over the matter, in light of the state court reconsideration.

In December, the high court heard from GOP lawmakers in North Carolina who argued that state legislatures rule in making decisions about federal elections.

Critics have said the “state legislature theory” would give politicians unchecked power.

The case stemmed from a dispute between North Carolina’s legislature and state courts over who had final say over drawing congressional district maps. The state’s high court had tossed the legislature’s map and imposed its own, in a move the lawmakers said violated the rules set out in the U.S. Constitution.

The justices seemed skeptical of the GOP lawmakers’ position during oral arguments, worrying it would upend checks and balances.

- Stephen Dinan contributed to this report.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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