Breaking News: Supreme Court Declines to Stay Redistricting Decisions from NC and PA Supreme Courts

In a 6-3 decision, the Court declined to issue a stay of the NC state supreme court decision that had overturned legislatively drawn redistricting maps for Congress (without comment, the Court also declined to act in a similar case from PA). But four Justices agreed that when petitions for certiorari are filed, the Court should grant the petitions and hear the constitutional question raised on the merits. Since it takes four votes to grant, the Court is poised to grant this case when those petitions arrive.

The substantive question at issue is whether the Constitution creates an “independent state legislature doctrine” that bars state courts from applying state constitutions to overturn legislatively drawn congressional redistricting maps.

Combined with the Alabama Voting Rights Act case, next Term is shaping up to be a major one for redistricting and election law more generally.

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