Supreme Court abandoned its own rule the moment it helped Republicans: experts

Source: Raw Story · Bias: Far Left

Summary

When the U.S. Supreme Court allowed Texas’ gerrymandered congressional map to take effect in December, its conservative majority wrote that a lower court had “improperly inserted itself into an active primary campaign” when it blocked the map more than three months before the election.Now, the Supreme Court is the one upending elections.For the past two decades, the Supreme Court has advanced the idea that federal courts should not order major changes close to an election to limit voter confusion. Over time the doctrine, first articulated in the 2006 case Purcell vs. Gonzalez, became known as the Purcell principle.But election law experts and one of the court’s liberal justices say the Supreme Court is wielding — or disregarding — the principle unevenly in ways that aid Republicans.In recent weeks, the Supreme Court has effectively allowed last-minute election changes in Southern states that hold major consequences for what districts voters are assigned to and the future of Black political representation across the region.These Republican-controlled states are racing to redraw congressional maps to eliminate majority-Black districts, many of which have elected Black Democrats to Congress. The gerrymandering rush has come even with early voting underway in some states.Wilfred Codrington III, a professor of law at the Benjamin N. Cardozo School of Law in New York, who has studied the Purcell principle, said limiting voter confusion is common sense. But after that general idea, the principle “just falls apart” because the Supreme Court has never answered questions raised by the doctrine — like how close to an election is too close.“The court has not thought through them and it seems like when the court applies them, they’re being applied in partisan ways,” Codrington said, about questions the doctrine raises.April ruling OK’d redistrictingAfter the high court gutted the federal Voting Rights Act in Callais, a landmark decision on April 29 that found Louisiana’s map unconstitutional, it fast-tracked paperwork so the state could quickly redraw district lines.Voting had begun in the state’s congressional primary election, which Republican Gov. Jeff Landry suspended, discarding 42,000 votes already cast.U.S. Rep. Troy Carter, D-Louisiana, testifies Friday, May 8, 2026, before the Louisiana Senate and Governmental Affairs Committee that considered proposals to update the state’s congressional districts. (Photo by Wes Muller/Louisiana Illuminator)A majority of the court voted to immediately certify its decision instead of observing its typical 32-day waiting period. In a blistering dissent, Justice Ketanji Brown Jackson wrote that the justices were disregarding their previous insistence that courts shouldn’t risk assuming political responsibility for a redistricting process that often produces hard feelings.“There is also the so-called Purcell principle, which we invoked only five months ago to chide a federal district court for ‘improperly insert[ing] itself into an active primary campaign,’” Jackson wrote. “The Court unshackles itself from both constraints today and dives into the fray. And just like that, those principles give way to power.”The conservative justices on May 11 then cleared a path for Alabama to move toward implementing a Republican gerrymander that state lawmakers approved in 2023 but was blocked by a lower court. Their decision came a little more than a week before the state’s primary election.Republican Gov. Kay Ivey has called an August special primary election for some of the state’s congressional districts.“The United States Supreme Court’s decision is plain common sense and enables our values to be best represented in Congress,” Ivey said in a statement.‘Like it doesn’t exist’The Supreme Court’s actions this spring stand in stark contrast to its December decision to allow Texas’ gerrymander to take effect. After President Donald Trump urged GOP states to redraw their maps for partisan advantage, Texas was the first state to respond, enacting new lines that could help Republicans pick up five seats.A three-judge district court panel ruled against the map, finding that it was racially gerrymandered. The Supreme Court paused the panel’s decision, finding that the panel likely made serious errors and that the district court was “causing much confusion and upsetting the delicate federal-state balance in elections” amid the campaign season.That language echoed the Purcell decision, which found that an appeals court had erred in blocking an Arizona law requiring a photo ID to register to vote. The Supreme Court’s unsigned opinion cautioned that court orders affecting elections can cause voter confusion.“As an election draws closer, that risk will increase,” the 2006 opinion said.Nearly 20 years later, the Supreme Court made no mention of Purcell in its Callais opinion, which dropped like a political bomb across the South.

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Supreme Court abandoned its own rule the moment it helped Republicans: experts
Raw Story

Supreme Court abandoned its own rule the moment it helped Republicans: experts

Far Left

When the U.S. Supreme Court allowed Texas’ gerrymandered congressional map to take effect in December, its conservative majority wrote that a lower court had “improperly inserted itself into an active primary campaign” when it blocked the map more than three months before the election.Now, the Supreme Court is the one upending elections.For the past two decades, the Supreme Court has advanced the idea that federal courts should not order major changes close to an election to limit voter confusion. Over time the doctrine, first articulated in the 2006 case Purcell vs. Gonzalez, became known as the Purcell principle.But election law experts and one of the court’s liberal justices say the Supreme Court is wielding — or disregarding — the principle unevenly in ways that aid Republicans.In recent weeks, the Supreme Court has effectively allowed last-minute election changes in Southern states that hold major consequences for what districts voters are assigned to and the future of Black political representation across the region.These Republican-controlled states are racing to redraw congressional maps to eliminate majority-Black districts, many of which have elected Black Democrats to Congress. The gerrymandering rush has come even with early voting underway in some states.Wilfred Codrington III, a professor of law at the Benjamin N. Cardozo School of Law in New York, who has studied the Purcell principle, said limiting voter confusion is common sense. But after that general idea, the principle “just falls apart” because the Supreme Court has never answered questions raised by the doctrine — like how close to an election is too close.“The court has not thought through them and it seems like when the court applies them, they’re being applied in partisan ways,” Codrington said, about questions the doctrine raises.April ruling OK’d redistrictingAfter the high court gutted the federal Voting Rights Act in Callais, a landmark decision on April 29 that found Louisiana’s map unconstitutional, it fast-tracked paperwork so the state could quickly redraw district lines.Voting had begun in the state’s congressional primary election, which Republican Gov. Jeff Landry suspended, discarding 42,000 votes already cast.U.S. Rep. Troy Carter, D-Louisiana, testifies Friday, May 8, 2026, before the Louisiana Senate and Governmental Affairs Committee that considered proposals to update the state’s congressional districts. (Photo by Wes Muller/Louisiana Illuminator)A majority of the court voted to immediately certify its decision instead of observing its typical 32-day waiting period. In a blistering dissent, Justice Ketanji Brown Jackson wrote that the justices were disregarding their previous insistence that courts shouldn’t risk assuming political responsibility for a redistricting process that often produces hard feelings.“There is also the so-called Purcell principle, which we invoked only five months ago to chide a federal district court for ‘improperly insert[ing] itself into an active primary campaign,’” Jackson wrote. “The Court unshackles itself from both constraints today and dives into the fray. And just like that, those principles give way to power.”The conservative justices on May 11 then cleared a path for Alabama to move toward implementing a Republican gerrymander that state lawmakers approved in 2023 but was blocked by a lower court. Their decision came a little more than a week before the state’s primary election.Republican Gov. Kay Ivey has called an August special primary election for some of the state’s congressional districts.“The United States Supreme Court’s decision is plain common sense and enables our values to be best represented in Congress,” Ivey said in a statement.‘Like it doesn’t exist’The Supreme Court’s actions this spring stand in stark contrast to its December decision to allow Texas’ gerrymander to take effect. After President Donald Trump urged GOP states to redraw their maps for partisan advantage, Texas was the first state to respond, enacting new lines that could help Republicans pick up five seats.A three-judge district court panel ruled against the map, finding that it was racially gerrymandered. The Supreme Court paused the panel’s decision, finding that the panel likely made serious errors and that the district court was “causing much confusion and upsetting the delicate federal-state balance in elections” amid the campaign season.That language echoed the Purcell decision, which found that an appeals court had erred in blocking an Arizona law requiring a photo ID to register to vote. The Supreme Court’s unsigned opinion cautioned that court orders affecting elections can cause voter confusion.“As an election draws closer, that risk will increase,” the 2006 opinion said.Nearly 20 years later, the Supreme Court made no mention of Purcell in its Callais opinion, which dropped like a political bomb across the South.