™ & © 2023 Cable News Network, Inc., a Warner Bros. Ohio’s attorney general, for instance has a pending request with the court to take up a similar dispute. If the US Supreme Court ultimately decides to dismiss the case out of North Carolina, it will likely be asked in short order to take up the same kind of dispute brought by a different party. “This court is therefore fully possessed of jurisdiction to decide” the case, Thompson wrote. He argued in his letter that the justices still have jurisdiction because the North Carolina Supreme Court decision was final, and the re-hearing order is directed at subsequent decisions made by the state high court. Neal Katyal, a lawyer for the group, stressed that the court should use the North Carolina case to decide the Independent State Legislature doctrine issue rather than wait until it arises again on an emergency basis “during the 2024 election cycle.”Īnd his opponent, David Thompson, a lawyer for the North Carolina Republican lawmakers, agreed on that point.

Boyce of the North Carolina Department of Justice stressed that the US Supreme Court cannot step in now because, “further proceedings remain”.īut Common Cause, a group that opposes the GOP lawmakers, disagreed with the position taken by its own side and urged the justices to decide the case. At the same time, Prelogar acknowledged the maneuvering had created a “novel” predicament and the justices “could reasonably reach a different conclusion.”Īn attorney for the state of North Carolina, which is also opposed to the Republican lawmakers’ stance in the case, agreed the case should be dismissed.

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