Editorial: Supreme Court checks the radical independent state legislature theory (via latimesopinion )
Without going into detail, Roberts did say that state courts may not “so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures” by the U.S. Constitution and added that “we need not decide whether that occurred in today’s case.”
That seems to leave open the possibility that state courts could go too far in reviewing legislative decisions about federal elections, inviting. But even with that qualification, Tuesday’s decision should make greedy partisan majorities in state legislatures think twice before trying to engineer an unfair advantage in redistricting or election laws.
The court also deserves praise for not taking the easy way out by declaring the North Carolina case moot because of changes in the composition of the North Carolina Supreme Court that led that court toFinally, this decision suggests that, in at least this area of the law, a majority of the court may have recognized the danger to its own credibility of extreme decisions that, in Roberts’ words at his Senate confirmation, cause a...
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