Breaking: 4th Circuit, on 2-1 Vote, Halts Likely Unconstitutional "Cure" Order in North Carolina Supreme Court Election

https://electionlawblog.org/?p=149557

The court’s order stops what is likely an unconstitutional attempt approved by North Carolina state courts to overturn the results an election to the North Carolina Supreme Court.

I’ve written about the irreparable harm from the district court’s allowing a cure process here and here.

The Fourth Circuit panel explained that its stay order was necessary “[in] furtherance of federal jurisdiction.” It did not offer a detailed analysis. The dissent argued that the court had no jurisdiction to issue this order as it was an unappealable temporary restraining order, and that the district court did not abuse its discretion in allowing the cure process to go forward.

Democracy Docket: “Judges Toby Heytens and Paul Niemeyer — who were appointed by former Presidents Joe Biden and George H. W. Bush, respectively — approved the halt, while Trump-appointee Judge Marvin Quattlebaum dissented.”

What happens now is that things will slow down. The trial court will decide if Justice Riggs has a good constitutional case on the merits. Whoever loses that will likely appeal to the Fourth Circuit (likely before a different panel, if today’s order was from a motion’s panel), with the case potentially ending up at the Supreme Court. I expect things will continue to be expedited, but it will take months more to fully resolve.