The state said the ruling from the U.S. Court of Appeals for the 4th Circuit was unprecedented and that “there is no reason to believe that [the law] will have any detrimental effect on voters, minority or otherwise.”
North Carolina brought in former Bush administration solicitor general Paul D. Clement to argue that it is too close to the election for courts to prohibit a system that was used in the state’s primary elections.
“North Carolina should not be forced to scramble mere months before the general election to rejigger settled election plans at the Fourth Circuit’s command,” the state said in a brief filed with Chief Justice John G. Roberts Jr., who is designated to handle emergency requests from the circuit.
Roberts probably will ask for a response from the Justice Department and the civil rights groups that filed the challenge before referring the matter to the entire court.
The court is split, with four conservatives and four liberals. The state may have a hard time finding the necessary five votes to stay the lower court’s ruling, because that three-judge panel was unanimous in finding the law unconstitutional.
The judges agreed with allegations that the omnibus bill passed by the Republican- controlled legislature and signed by Gov. Pat McCrory (R) selectively chose voter-identification requirements, reduced the number of early-voting days and changed registration procedures in ways meant to harm blacks, who overwhelmingly vote for the Democratic Party.