On February 28, the plaintiffs in U.S. District Court in the Pennsylvania redistricting case asked the U.S. Supreme Court to take control of the case, even though the U.S. District Court itself still hasn’t made any ruling. The plaintiffs are two Republican candidates for U.S. House, and some Republican voters. In the U.S. District Court, the case is Toth v Chapman, m.d., 1:22cv-208. Here is the U.S. Supreme Court filing. Thanks to ElectionLawBlog for the link.
The case depends on the theory that Article One of the Constitution gives legislatures exclusive control over election laws that regulate congressional elections, unless or until Congress intervenes. This theory eliminates other branches of state government, such as the state courts, from having power over congressional elections.
UPDATE: the U.S. Supreme Court number is 21A457. The other side must respond by 5 p.m., March 3.
ANTI-Democracy minority rule gerrymander state legislatures n ALL 50 States.
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