BREAKING: Supreme Court DENIES stay requested by state in NC voting case. Petition here: http://electionlawblog.org/wp-content/uploads/nc-petition.pdf …pic.twitter.com/YqNEjnaXgW
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A three-judge court had ordered NC to redraw its congressional districts by today. They passed a new map today, but it was only to go ...
... into effect if the Supreme Court did not "reverse[] or stay[]" the 3-judge court's decision. SCOTUS did neither thing.
This could have been the first sign of a post-Scalia #SCOTUS, but as @rickhasen points out, we don't really know: http://electionlawblog.org/?p=80149
We don't know whether Justice Scalia's vote would have been decisive because the court does not release vote counts on such matters.
Justices can record their dissent (here, "would have granted the stay application"), but they do not need to do so. Hence, totally vague.
In sum: The Supreme Court won't stop district court's order for new North Carolina congressional maps, which were passed earlier today.
As Rick Hasen notes, however, that doesn't mean this is over:https://twitter.com/rickhasen/status/700885933692833792 …
@chrisgeidner this is huge, NC will have a fit.
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