This is an excellent article by @nytimes @miwine on Friday afternoon’s development in Moore v. Harper.
Despite speculation, I do not expect the new (5-2 Republican) North Carolina Supreme Court to overrule that court’s (4-3 Democrat) February 2022 decision in Moore v. Harper that is currently pending on appeal before the U.S. Supreme Court.
On Friday, the N.C. Supreme Court did not grant rehearing of that decision; the time to seek rehearing of that decision had long expired.
Rather, it granted rehearing on what might be thought of as the “remedial” decision by the prior N.C. Supreme Court, which was decided shortly after the Moore v. Harper argument in the U.S. Supreme Court in December.
For a state supreme court to overrule one of its decisions while it is pending imminent decision by the Supreme Court of the United States, would be an act of judicial and political hubris -- not to mention disrespect for the U.S. Supreme Court --
that I do not believe any state supreme court would do on the eve of the Supreme Court’s decision.
But even were the North Carolina Supreme Court to overrule its February 2022 decision — and do so before the U.S. Supreme Court decides Moore v. Harper — I do not believe that would render Moore v. Harper moot.
Among other reasons, once a case has been submitted and argued in the Supreme Court of the United States, there arises a cognizable judicial and public interest in the final decision of that case.
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