Even as the Supreme Court takes more time than expected to decide its part in the constitutional controversy over how voting is to be done this year for the 18 House of Representatives members from Pennsylvania, a federal trial court in Harrisburg, PA, is pondering a complex question of states’ rights that could end the case there without a decision on who wins. The difficulty for the three judges sitting in the state’s capital city arises from the reality that, whenever a lawsuit is started in a federal court, that court has to have the authority to decide it, and there is significant controversy over whether the Harrisburg court has that authority. The controversy is keyed to the most basic understandings about the nature of the Constitution’s division of powers between state and federal courts. For decades, the general understanding has been that only the Supreme Court has the authority to review a state court ruling, and then only when the state court has issued a ruling that involves the federal Constitution. That is a strong gesture toward federalism – respect for states’ rights in limiting national government power.Full Article: Is one of the Pennsylvania voting cases doomed? - National Constitution Center.
Mar 13 2018