This much you know (NYT explainer):

In North Carolina, the Republican candidate for a State Supreme Court seat has refused to concede to the Democratic incumbent, even though two recounts by a state elections board confirmed that he lost the November election by a few hundred votes.

The Republican challenger, Judge Jefferson Griffin, who currently sits on the North Carolina Court of Appeals, has instead embarked on an extraordinary monthslong effort to toss out scores of ballots. The race is the last in the nation to be uncertified.

News broke last night that the U.S. Court of Appeals for the Fourth Circuit granted incumbent Justice Allison Riggs’s “Emergency Motion for Injunction and Motion for Status Conference” in the federal district court:

Recognizing that the district court has not yet had the opportunity to exercise its jurisdiction under 28 U.S.C. § 1443 and address Riggs’ motion for preliminary injunction based on her federal constitutional claims, we grant her motion for a stay. In furtherance of federal jurisdiction, we enjoin the North Carolina State Board of Elections from mailing any notice to any potentially affected voter pending the district court’s resolution of Riggs’ motion for a preliminary injunction.

Even though Riggs leads in the uncertified 2024 vote count by 734 votes, “Judge Griffin’s challenge has ping-ponged through federal and state courts,” the Times adds. Election Law Blog’s Rick Hasen calls Griffin’s effort “likely an unconstitutional attempt approved by North Carolina state courts to overturn the results an election,” writing:

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.

. . .