So the state lawmakers say that that word, because it singles them out, gives them unchecked power and that they can’t be second-guessed by state supreme courts and the state Constitution, that the US Constitution has given them supreme power.Īnd that’s not the only, or certainly not the obvious, reading of the clause. Yeah, explain what you mean by the emphasis on legislature. The clause says, “The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.” michael barbaro And while I read it, focus on whether the term “legislature” jumps out at you and whether it seems to have special meaning. The US Constitution has an elections clause in it. They say that in this context, the US Constitution has something to say. They say that the state supreme court is powerless to tell them that their map is an unconstitutional gerrymander under the state Constitution. The state lawmakers, unhappy with this result, make a new argument. So everything you’re describing seems sort of normal. It was a Democratic gerrymander that was struck down by the state court. This happened pretty recently in the state of New York. michael barbaroĪnd this is pretty standard in a way, Adam, right? I mean, when gerrymanders happen through legislatures, state courts tend to end up reviewing them, and, with some frequency, find that they don’t pass legal muster. So by that standard, it seemed to reflect the politics of the state. And it resulted in seven Republican and seven Democratic seats. We reject it.Īnd outside experts appointed by a court draw a new map, and that’s the map, indeed, that, in November, the election was conducted under. And the North Carolina Supreme Court says, no, it’s unconstitutional under the state Constitution. So a pretty extreme form of Republican-favoring gerrymandering. But using aggressive technology, the lawmakers come up with a map that most people think would result in about 10 Republican and four Democratic seats. It’s about 50/50 Republican and Democrat. So North Carolina is basically a purple state. And like state legislators in many places, they try to advantage themselves. It’s drawn by the state legislature, controlled by Republicans. adam liptakĪ couple of years ago, after the most recent census, North Carolina draws new congressional maps. So while important and interesting enough just on the gerrymandering point, it is also a case with the potential to really completely transform how American elections are conducted. But on a much broader level, it’s about a quite radical theory that would completely reorient the relationship between the federal government and state governments, and would also upset ordinary checks and balances in state governments. So on one level, it’s about gerrymandering and what can be done about voting maps warped by partisanship. And you briefly told us about this case back then, but now that this case on Wednesday went before the court in full oral arguments, remind us what it’s about and why it’s so important. So a few weeks ago, in an interview with Sabrina, you previewed this entire Supreme Court term for us. Sabrina really likes you and she’s been hogging you, and it’s been challenging. I don’t get to do a lot of these interviews with you anymore. I have a confession to make, which is that I miss you. My colleague, Adam Liptak, followed along as the justices debated the case. Today, why the Supreme Court is unusually split over a case that could give partisan state legislatures unchecked power over the way elections are run. michael barbaroįrom “The New York Times,” I’m Michael Barbaro. Please review the episode audio before quoting from this transcript and email with any questions. While it has been reviewed by human transcribers, it may contain errors. This transcript was created using speech recognition software. Transcript A Court Case That Could Transform Elections The Supreme Court seems unusually split over a case that could give state legislatures largely unchecked power to set election rules.
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