The Supreme Court will consider a case that could give state legislatures the power to set election rules.
The final word on regulations for elections of members of the Senate and House of Representatives would be given to the states if the Supreme Court rules in favor of the North Carolina Republicans.
In the current situation, state courts keep a close eye on changes in election rules to make sure they don't run afoul of the state constitution.
It would be in line with what supporters of Donald Trump argued during the 2020 election when they opposed modifications in election rules imposed by state courts.
There can be no doubt that the question of great national importance is posed by this case.
Rick Hasen, an election law expert at the University of California at Irvine, told NBC News that if the Supreme Court ruled for the people, it would change the power of state courts.
Hasen said that it could affect the ability of state courts to protect voters.
The court will hear the case in October.
There is a dispute over the drawing of lines for congressional districts. The districts were rejected by the Supreme Court because they were gerrymandered to favor Republicans.
The Republicans are challenging the ruling at the US Supreme Court under the doctrine of the independent state legislature.
The theory says that the rules for federal elections are not subject to review by a state court.
The Supreme Court refused to allow the district maps that were designed by the North Carolina legislature to be used in the congressional elections.
Three conservative justices said they would allow a stay of the Supreme Court order blocking the districts.
The case presented a good opportunity to consider the extent of a state court's authority to reject election rules passed by a legislature.
The sooner we resolve this question, the better, according to Alito's dissent.
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