Before the federal courts break down North Carolina’s voter ID law, an argument over who should defend it: Republican lawmakers or the state’s Democratic attorney general.
The U.S. Supreme Court heard arguments Monday on a side issue in one of North Carolina’s long-lingering voter ID lawsuits: Exactly who should get to defend the case. For several years Attorney General Josh Stein’s office has represented the State Board of Elections in the lawsuit, and they’ve had some success defending the constitutionality of North Carolina’s photo ID law, though he case is far from over. Republican lawmakers who passed that law say it makes more sense for them to handle the defense, and they question whether Democrats who disagree with them on a wide range of issues – including at times voter ID – will ultimately put up as vigorous an effort. It’s one more separation of powers question bedeviling North Carolina politics, and it has now traveled to the nation’s highest court. It was difficult to divine from the justice’s questions Monday how they’ll rule on the issue, but they peppered attorneys on both sides with questions on procedure and potential impact. It may be some time before they announce a decision. The underlying lawsuit – where voter ID’s fate in North Carolina ultimately may be decided – is on hold until they do. Liberal Justice Elena Kagan noted Monday that Stein’s office has repeatedly said the law is constitutional and defended it as such.
