JUST AS FOR 50 years Ohio was a bellwether for presidential elections, since 2011 North Carolina has become a testing ground for Far Right legislation aimed at controlling federal election administration. In his book Indecent Assembly, author Gene R. Nichol says North Carolina is now “a laboratory for extremism.”
In September, the Supreme Court included on its docket a Republican-backed case out of North Carolina that pits voters against a state legislature that seeks to greatly increase its power over elections by limiting the ability of the state judiciary to review the actions of the legislature. This could potentially unbalance the fundamental checks and balances essential to a functioning democracy by giving one body total control over a function of government.
While the specific case of Moore v. Harper deals with whether the North Carolina state Supreme Court has the power to strike down state legislation that produced illegally gerrymandered voting districts, the federal Supreme Court will deliberate on whether the U.S. Constitution’s election clause, the primary source of constitutional authority to regulate elections, prevents a state judiciary from ordering a state legislature to comply with federal election laws.
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