John Roberts Has Wrested Back Control of the Supreme Court
1 year, 5 months ago

John Roberts Has Wrested Back Control of the Supreme Court

Slate  

This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. So it was with Moore v. Harper, Roberts’ 6–3 decision on Tuesday rejecting the “independent state legislature” theory devised to subvert voting rights. That’s unsurprising, Roberts noted, since legislatures are “mere creatures of the state constitutions, and cannot be greater than their creators.” The Supreme Court’s own precedent also recognizes state courts’ power in this arena, going back more than a century. Then, at last, the inevitable jump scare: After spending 26 pages demolishing the independent state legislature theory, Roberts tacked on a coda reminding state courts that, at the end of the day, he’s still the one in charge: While federal courts must follow “the general rule of accepting state court interpretations of state law,” state courts “may not transgress the ordinary bounds of judicial review.” In extreme scenarios, federal courts may correct a state court’s egregious and indefensible interpretation of state law. Professor Nicholas Stephanopoulos writes that “in almost all cases,” it “should be difficult to find five votes for actually reversing any state court ruling under state law about federal elections.” Unfortunately, Roberts did not apply this new standard, or any other, to the North Carolina Supreme Court decision that kicked off this case, since Republican legislators didn’t ask him to.

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