Will Doran of WRAL:
North Carolina’s Republican-majority state Supreme Court ruled partially against the Republican candidate seeking to join its ranks, rejecting his effort to fast-track a lawsuit seeking to throw out more than 60,000 people’s 2024 ballots.
The case — which could decide a razor-thin, undecided race for a seat on the high court — must go to trial first, the justices ruled ruled Wednesday, shooting down what it called an “extraordinary” effort to skip a trial, bypass the state Court of Appeals, and have the issue decided quickly and directly by the state’s highest court.
Wednesday’s decision was essentially unanimous. However, in an indication that the justices are aware of the close attention on the case, every member of the court wrote a separate opinion explaining his or her decision — except for Riggs due to her recusal.
The majority opinion sending the case back to trial was written by Republican Justice Trey Allen. The court’s other Republican justices — Chief Justice Paul Newby and justices Phil Berger Jr., Tamara Barringer and Richard Dietz — each wrote concurring opinions. The court’s other Democratic justice, Anita Earls, wrote an opinion that concurred in part and dissented in part.
Earls said she would have gone a step further and fully denied Griffin, allowing Riggs to be officially declared the winner. Allowing the election to remain in limbo while this goes back to trial, she said, sets a troubling precedent for future elections. “It sets up courts to be the arbiters of election outcomes instead of voters, and weakens faith in the democratic processes of this state,” she wrote.
You can find the set of opinions at this link. It is possible the Court will ultimately divide 3-3 over what to do, which could leave the lower court opinion in place unless NC has a different way of dealing with tie votes on courts than the normal procedure.