On February 25, some North Carolina Republican members of Congress and legislators asked the U.S. Supreme Court to rule that the recent decision of the North Carolina Supreme Court on U.S. House redistricting violates Article One of the U.S. Constitution. Moore v Harper, 21A455.
The North Carolina Supreme Court had ruled recently that the legislature’s plan violates the state constitution. The state constitution says elections shall be “free and equal.” The North Carolina Supreme Court ruled that means partisan gerrymandering is illegitimate. The new filing to the U.S. Supreme Court says that state courts cannot interfere; only state legislatures have authority to write election laws for Congress.
Here is the filing. Thanks to ElectionLawBlog for the link.
UPDATE: the response from the state board of elections is due March 2, Wednesday.