RALEIGH, N.C. (QUEEN CITY NEWS) — More questions were asked than answers given as a panel of federal judges heard the latest arguments in a legal fight over the race for a North Carolina Supreme Court seat.
The Fourth Circuit Court of Appeals is being asked by attorneys for N.C. Justice Allison Riggs and the State Board of Elections to bring a challenge by Riggs’ opponent, Jefferson Griffin, back to federal court. Currently, a state court in Wake County is set to hear Griffin’s challenge.
During Monday’s proceedings, it seemed judges were unsure if they could get in the way of a state-level case that is well underway.
“If we grant all your relief, what do we tell the Supreme Court of North Carolina or what do we order the district court to tell?” asked Judge Paul Niemeyer.
“It was confusing, it was confusing to the attorneys, it was confusing to the people in the audience, I think it was confusing to the justices,” said Christopher Cooper, a professor at Western Carolina University. “I think we are, we use this phrase a lot, unchartered waters, I think we are in uncharted waters.”
Griffin has been in a months-long fight, arguing Riggs’ narrow November victory should be tossed out. Griffin cited registration discrepancies with thousands of ballots cast by North Carolina voters.
Experts believe Griffin wants to only have the case be argued at the state level, as the State Supreme Court has a 5-1 conservative majority. The strategy for Riggs and the state Election Board is the opposite, as they hope federal courts won’t be swayed as much by political affiliation.
“They will be absolutely making precedent here,” added Cooper, “if any of these courts, the federal court or the state court sides with Jefferson Griffin, I think we are in a radically different territory in terms of elections how will they continue on, and how many challenges we’ll see.”
Cooper expects this fight to go on for several more months. The Court of Appeals will convene again on Tuesday to hear more about whether they should intervene. Griffin’s ballot challenge will be heard in a Wake County courtroom on Feb. 7, it was sent back to that court by the State Supreme Court last week.
