North Carolina Supreme Court risks undermining its legitimacy

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Narrow statewide elections are hardly a new phenomenon in the history of American politics. Long have office-holders assumed their roles in public service after razor-thin races, at times pushing the country’s electoral norms to their limits. Recounts, contested results and an increasing trend of refusing to concede have all been incorporated into the electoral system.

In North Carolina, however, the state’s latest elections have entered uncharted — and for many law scholars, uncomfortable — territory. There, the state’s GOP-led Supreme Court has temporarily blocked the certification to reseat incumbent Democratic Justice Allison Riggs, overruling the Democratic-majority Board of Elections, which determined her 734-vote lead over Republican challenger Jefferson Griffin after two recounts. Now, the “very court which Griffin aims to join” will not only hear his challenge to tens of thousands of votes cast, but could very well “decide a winner in the race,” said North Carolina’s The News & Observer — all while providing “scant comment about its reasoning” for blocking Riggs’ certification to begin with (Riggs had recused herself from last week’s ruling).

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