North Carolina on Monday asked the Supreme Court to restore most of its strict voting procedures for the November elections, despite a lower court’s ruling that the law intentionally discriminates against African Americans. The state said the ruling from the U.S. Court of Appeals for the 4th Circuit was unprecedented and that “there is no reason to believe that [the law] will have any detrimental effect on voters, minority or otherwise.” [Court strikes down North Carolina voting law as discriminatory] North Carolina brought in former Bush administration solicitor general Paul D. Clement to argue that it is too close to the election for courts to prohibit a system that was used in the state’s primary elections.
“North Carolina should not be forced to scramble mere months before the general election to rejigger settled election plans at the Fourth Circuit’s command,” the state said in a brief filed with Chief Justice John G. Roberts Jr., who is designated to handle emergency requests from the circuit.
Roberts probably will ask for a response from the Justice Department and the civil rights groups that filed the challenge before referring the matter to the entire court.
The court is split, with four conservatives and four liberals. The state may have a hard time finding the necessary five votes to stay the lower court’s ruling, because that three-judge panel was unanimous in finding the law unconstitutional.