Cases and Controversies

Rare Rehearing Could Derail High Court Voting Ruling

02.09.2023 - By Bloomberg LawPlay

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A potential blockbuster ruling on the way states determine their voting rules could be hijacked by the North Carolina Supreme Court after the 2022 elections flipped control of the state court to Republicans.

The justices heard arguments in Moore v. Harper in December, and are likely on their way to hammering out a decision.

But on Feb. 2 the newly constituted North Carolina Supreme Court issued a rare rehearing order in the case, potentially depriving the justices of the opportunity to clarify the law nationwide.

UCLA election expert Rick Hasen explains why it seems likely that the Republican majority will flex its muscle and reverse course, and what it could mean if the justices must wait to decide the issue in the context of a highly contested presidential election.

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