Eric Holder NYT oped:
But there is no suggestion that any of these 60,000-plus voters acted improperly, deliberately cast illegal ballots or failed to produce required identification when voting. And when the State Board of Elections reviewed his claim, it concluded, in a meticulous written decision, that Judge Griffin’s allegations lacked substance. The issue that is now before the courts is whether a court can simply cast aside tens of thousands of appropriately cast ballots after an election is over. This shouldn’t be a question: The United States Constitution and other federal laws protect against such ballots from being retroactively discarded.
Ordinarily, a request like this one would be a nonstarter. That a sitting judge filed this lawsuit in the first place is, frankly, disturbing. As an officer of the court who has sworn an oath, Judge Griffin has an obligation to protect the electoral process, not undermine it with a shameless attempt to disenfranchise voters. What’s even more distressing, though, is that the North Carolina Supreme Court’s Republican majority has allowed such a lawsuit to proceed and, in doing so, has stopped the certification of the election results.
This action is a departure from the way courts on the whole acted in 2020. That year, federal and state judges across the country — including those affiliated with the Republican Party, all the way up to the conservative-dominated U.S. Supreme Court — refused Mr. Trump’s demands to throw out legal ballots. They refuted baseless claims that the presidential race was stolen. None of the courts ultimately stopped any states from certifying election results by their required deadlines — not one.
What’s happening in North Carolina, by contrast, should concern all Americans. Any judge operating in an independent and fair manner would maximize the chance that all of North Carolinians’ ballots are counted and ensure that the electoral result reflects the decision of the state’s citizens. But so far, the North Carolina Supreme Court has done the opposite, opening the door to mass disqualifications of legitimate voters — after the fact — to try to install a losing candidate from the court majority’s political party.