WASHINGTON — The Biden administration has urged the Supreme Court to reject a novel legal theory pushed by Republicans in an upcoming elections case from North Carolina that could strip state courts of their ability to oversee federal election-related disputes.
The state court, basing its decision on protections in North Carolina's Constitution, adopted a map drawn by experts that is less favorable to Republicans.
Republican lawmakers argue that the state court did not have the authority to adopt the new maps because, in the federal elections context, legislatures have unique power derived from the Elections Clause of the U.S. Constitution.
That provision gives state legislatures the power to set the "time, place and manner" in which federal elections are held in that state.
If the Supreme Court rules for Republicans, elections would be thrown into chaos because each state could have different rules for federal and state elections, she said, adding that such a ruling "risks magnifying confusion and uncertainty for both voters and elections officials."