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All I Want For Christmas Is Democracy

Strict Scrutiny

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Is the Legislature a Creature of State Constitutional Law?

The case comes out of North Carolina, where the state court threw out an extremely gerrymandered map that would have made the congressional delegation of this 5050 pretty purple. So that's the john Eastman theory, which the court is not directly considering in this case, but which very much lurks in the background. The idea at the heart of this case is that state courts can't enforce state constitutions in the context of federal elections right they have to stay on the sidelines and let the legislature regulate. But as became pretty quickly clear to most of the rest of the bench like there was a lot of kind of you know interesting merit and appeal to some version of this there ISL

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