US Supreme Court sets December arguments for landmark NC elections case

North Carolina case gets to the heart of power in Democracy: Who has the authority to change election laws?

Posted 3:59 p.m. Oct 18, 2022 — Updated 4:22 p.m. Oct 18, 2022

Travis Fain

, WRAL state government reporter

Highly-anticipated arguments before the U.S. Supreme Court in a North Carolina case that could produce ground-shifting precedent in U.S. election law will be heard in December, the high court announced Tuesday.

Moore v. Harper gets to the heart of power over elections, though its potential reach is a matter of debate. The U.S. Supreme Court set arguments in the case for Dec. 7.

The underlying theory in the case was part of 2020 efforts to overturn presidential election results, and some say the decision in this case could set the stage for state legislatures across the country to overturn legitimate election results.

US Supreme Court takes NC case that could 'radically change our elections'

Republican lawmakers in the North Carolina General Assembly say that's not what they're trying to do, and that their argument is more narrow: That the North Carolina Supreme Court has overstepped its boundaries in throwing out Republican-drawn election maps.

The U.S. Constitution leaves it to state legislatures, with oversight from the U.S. Congress, to determine the "times, places and manner of holding elections" for Congress. That, GOP lawmakers argue, means state courts can't throw out congressional maps the legislature draws.

The case has drawn heavy interest from national groups on both sides. Last month, the Republican National Committee filed a brief backing North Carolina lawmakers in the case. The Conference of Chief Justices, a bipartisan group representing the top judicial official in each of the 50 states, filed a brief arguing that the U.S. Constitution's elections clause doesn't bar review by state courts.

Suggest A Correction