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4min chapter
Is ISL dead? IDK.
Strict Scrutiny
The Mixed Signals of the Court's Decision in the North Carolina Elections
The majority doesn't address whether a state court aired in this particular case, that is whether it quote unquote transgress the ordinary bounds of judicial review. Justice Kavanaugh sort of picks up on this in his concurrence and he notes, petitioners here however have disclaimed any argument that the North Carolina Supreme Court misinterpreted the North Carolina Constitution or other state law. So there are no real standards here for when that might be the case and when a state court has gone too far. But even though the court's decision eliminates the most extreme version of ISLT, Pildes worries that we're going to see constant litigation around this issue in the 2024 elections until a more clear sense of the boundaries
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