An important and frightening federal court case is playing out in North Carolina. It has deadly implications for state and federal elections if it turns out the wrong way. Slate reports in an article authored by election law expert and UCLA law school professor Rick Hasen:
We’re Getting Dangerously Close to a Losing
North Carolina Candidate Being Declared the Winner
In a preliminary order issued over the weekend likely designed to split the baby, a federal district court in North Carolina has told North Carolina election officials that they should follow a state court’s ruling to figure out which of thousands of military and overseas ballots cast by North Carolina voters should be thrown out in a dispute over the winner of a November state Supreme Court election. But the federal court also told election officials not to certify the winner of that election until it can decide if the state court–ordered remedy is unconstitutional.
This is a recipe for disaster. The federal court should have heeded the advice of Justice Antonin Scalia in the 2000 Bush v. Gore case about not allowing a questionable redo of vote totals to be announced before there’s been a ruling on the legality of the redo. The judge’s order in North Carolina could well lead people to believe the state Supreme Court election was stolen no matter what happens.
Incumbent North Carolina Supreme Court Justice Allison Riggs is 734 votes ahead of Judge Jefferson Griffin, a Republican, in November’s race for Riggs’ spot on the state Supreme Court. Griffin contested the election, calling over 60,000 ballots into question. He argued that some of these ballots did not comply with North Carolina law because the registration record of these voters did not contain certain information like a driver’s license number or the last four digits of a Social Security number. He also argued that certain military and overseas ballots were cast without requiring a photocopy of a photo ID. North Carolina election officials never asked voters for the information that Griffin said was required.
This lawsuit needs to be explained for its subtle importance to become apparent. The case is complex and messy.
The 2000 Bush v. Gore precedent: In that case, the USSC halted a recount in Florida partly because the state court had ordered recounts in only certain counties using inconsistent standards. The USSC majority found that using inconsistent standards to accept or reject votes violated the equal protection clause of the 14th Amendment.
In this NC lawsuit, four Republicans on that state's supreme court said that votes in four Democratic-leaning counties need to be recounted using a different standard than applies to all the Republican-leaning counties. One legal analyst, Ian Millhiser, pointed out the obvious: He says the four Republican NC judges have "ordered the disenfranchisement of voters in just four counties in North Carolina—again, all of which lean Democratic—while leaving voters in other counties unaffected."
Worse yet, changing the rules for ballot eligibility after an election violates the due process clause of the 14th Amendment. In state court cases like Roe v. Alabama, federal courts have prevented state supreme courts from retroactively changing election rules so the state court judges' candidate wins despite losing a free and fair election. By altering the rules after an election to try to disenfranchise thousands of the wrong kind of voters, the NC supreme court is openly trying to break the Bush v. Gore precedent and blow off both equal protection and due process.
Suspiciously, the federal trial judge did not simply say that what the NC supreme court judges did was blatantly unconstitutional. That strongly signals to me that he probably is a political partisan and sympathetic to authoritarianism. But being ignorant, I asked Pxy:
Q4: Therefore, if state court’s rule changes are highly likely to be deemed unconstitutional under Bush v. Gore, then why did the federal court not say so? Is the federal judge a Trump judge sympathetic to MAGA and/or loyal to Trump or authoritarianism? What evidence is there that the federal judge is acting in good faith or bad faith based on the existing applicable rule of law?A4: .... long analysis ....
Conclusion
Judge Myers’ conduct reflects a mix of procedural caution and ideological alignment with Republican election-administration priorities. While there is no “smoking gun” evidence of corruption, his procedural choices—deferring to a GOP state court, delaying a constitutional ruling, and enabling targeted disqualification of Democratic-leaning votes—suggest a willingness to tolerate election subversion tactics. This aligns with broader trends among Trump-appointed judges, who have often prioritized partisan outcomes over strict adherence to voting rights precedent 4 17 19.
The federal court’s inaction on the Bush v. Gore issues thus far likely stems from institutional deference rather than explicit bad faith. However, Myers’ failure to halt the state court’s unconstitutional remedy creates a dangerous precedent for post-election manipulation, echoing the anti-democratic strategies seen in Trump’s 2020 efforts.
Note the self-contradiction that Pxy asserts. On the on hand what NC did was (1) unconstitutional, and (2) created a dangerous precedent for post-election manipulation, but OTOH it could be due only to institutional deference rather than explicit bad faith. Explicit bad faith? Gimme a break Pxy.[1] We're never gonna see explicit bad faith from any MAGA judge. It's all gonna be implicit.
The bottom line: Welp, as we all know around here, Germaine resolves any and all plausible, non-trivial doubt against corrupt MAGA authoritarianism and its corrupt authoritarian elites. That is especially true for Trump judges engaging in dangerous, outrageous, legal fuckery like this. In essence, the federal trial court judge here is a MAGA authoritarian because he acts like one. He is begging the USSC to overturn the Bush v. Gore precedent so the Republican can win and Republicans take control of the NC supreme court. He is acting in bad faith. That's the bottom line.
Q: Is the bad faith argument being made here just crackpot conspiracy theory, or something worse, or is it plausible, or likely, in view of the track record of demagoguery, mendacity, slander and crackpot reasoning that authoritarian MAGA elites routinely use to describe reality and justify getting what they want?
I think it is likely.
Footnote:
1. I followed up with Pxy about the matter of explicit vs. implicit bad faith from MAGA judges:
Q: What would lead any rational, evidence-based person to believe that judge Myer or any other MAGA judge would ever act in "explicit" bad faith? All evidence of bad faith would be implicit and circumstantial. That is not different than a MAGA judge gutting national abortion rights on the basis of their religious belief, i.e., God and Christian nationalism, but telling us they based it on a neutral assessment of existing law and the Constitution. Consider the public track record of demagoguery, colossal mendacity, cynical slander and crackpot reasoning that authoritarian MAGA elites routinely use to describe reality and justify getting what they want.A: The belief that MAGA-aligned judges might act in implicit bad faith—even absent explicit admissions of improper intent—rests on patterns of behavior, institutional incentives, and legal doctrines that allow circumstantial evidence to demonstrate improper motives. While explicit bad faith requires direct proof of intentional misconduct (e.g., a judge admitting partisan bias in emails), implicit bad faith can be inferred from systematic deviations from legal norms, selective application of principles, and alignment with broader anti-democratic strategies. Below is a structured analysis of why rational observers might question MAGA judges’ neutrality:.... long analysis ....Conclusion
While explicit bad faith is rare, systemic patterns and asymmetrical jurisprudence provide rational grounds to question MAGA judges’ neutrality. Their rulings frequently align with GOP electoral strategies, religious nationalism, and Trump’s authoritarian rhetoric—all while invoking legal principles they disregard in other contexts. This selective fidelity to law, combined with the broader GOP’s rejection of democratic norms, sustains credible concerns about implicit bad faith. As Judge Boasberg noted in 6 9, when officials "act with reckless disregard for whether their conduct is lawful," bad faith can be inferred even absent a confession.
I infer bad faith. Period.