National: Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case | Adam Liptak/The New York Times
“It’s the biggest federalism issue in a long time,” Chief Justice Nathan L. Hecht of the Texas Supreme Court said on the phone the other day. “Maybe ever.” He was explaining why the Conference of Chief Justices, a group representing the top state judicial officers in the nation, had decided to file a brief in the U.S. Supreme Court in a politically charged election-law case. The brief urged the court to reject a legal theory pressed by Republicans that would give state legislatures extraordinary power. Nicholas Stephanopoulos, a law professor at Harvard, said the brief underscored how momentous the decision in the case could be. “It’s highly unusual for the Conference of Chief Justices to file an amicus brief in the Supreme Court,” he said. “It’s even rarer for the conference to do so in a controversial, ideologically charged case.” If the Supreme Court adopts the theory, it will radically reshape how federal elections are conducted by giving state lawmakers independent authority, not subject to review by state courts, to set election rules in conflict with state constitutions.
Full Article: Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case – The New York Times
