Amy Coney Barrett, Supreme Court, North Carolina General Assembly discussed on Bloomberg Law


Not what the framers want They better historical evidence is that this independence that legislature theory is something that is not in line with original understanding of the constitution And I'm sure that there are going to be a lot of arguments aimed at justice Amy Coney Barrett who is an originalist who has not weighed in on this question And who might care about that historical record For textualists originalists on the court which is the better interpretation according to your thinking Well I think that the richer understanding of the constitution would reject this very strong independent state legislature doctrine and understand the state legislatures act within the context of their own state laws including state Supreme Court supplying state constitutions And the claim in North Carolina to me is exceptionally weak because the provision of the state constitution that guarantees these voting rights was actually one that the state legislature had approved in 1970 when it had amended its constitution So there's all kinds of reasons why the North Carolina General Assembly That's the legislative body there should lose in this case should have come back to the Supreme Court But I'm not at all confident that they will lose I just think that they should Finally so the Democrats win here in the short term but now this is something that they should be concerned about in the long term Oh I think absolutely yes This is something that really could have impact beyond redistricting as well It could apply any time a state legislature is rule is challenged as violating a state constitutional provision and it's going to be applied in a federal election Thanks so much for lending us your expertise Rick That's Rick Hassan a professor at UC Irvine law school Coming up next on the Bloomberg law show the justices side with the defendant in a dispute over a law targeting career criminals who carry guns I'm Jean Grasso and you're listening to Bloomberg The.

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