Well, we’ve been expecting this. Here’s a motion to be filed at the Supreme Court objecting to NC AG’s motion to dismiss the cert. petition in the controversial NC voting case. And here’s a motion to add the Legislature and members of the Legislature as petitioners in this case.
(I first suggested the withdrawal of the cert. petition, which would preserve an important voting rights precedent, in this Slate piece).
As I noted the other day,
If the governor and AG have withdrawn the cert. petition, and the Board of Elections has no position in the litigation, it seems that the case should be withdrawn from SCOTUS, unless the Legislature seeks to intervene and argue that the governor lacked the power to withdraw from the case. As of now, the Legislature is not a party to the case, and it is not clear to me how this would get resolved.
Does this get resolved in state court? Does SCOTUS put consideration of the cert. petition on hold or does it allow the withdrawal of the petition?
Not clear to me how SCOTUS will resolve a dispute as to who gets to speak for North Carolina. Can the case be sent to the NC Supreme Court to resolve?