Legal experts say they see signs that the Supreme Court will try to back away from a hot potato case that poses big questions about who gets final say over state elections laws.
The case came out of North Carolina, where the GOP-led Legislature argued that the U.S. Constitution makes them — not state judges or bureaucrats — the deciders over elections procedure.
“It’s very likely the [state] court nullifies the prior decision which would remove the Supreme Court case from the docket, so the Supreme Court may not even decide the huge, big, controversial independent state legislature case. It may just fall off the docket altogether,” said Josh Blackman, a professor at South Texas College of Law.
But he said there is probably an appetite on the high court for the case to disappear from the docket. The case stemmed from a dispute between North Carolina’s Legislature and state courts over who has final say over drawing congressional district maps. The state’s high court had tossed the Legislature’s map and imposed its own.
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