Supreme Court of North Carolina (Photo: nccourts.gov)
The story of North Carolina’s unsettled 2024 state Supreme Court election took yet another turn on Friday when Republican challenger Judge Jefferson Griffin asked the state Supreme Court to deny Democratic incumbent Justice Allison Riggs’ request to review the case.
In a brief outlining his opposition to Riggs’ request for Supreme Court review, Griffin asked the high court to let the 2-1 ruling issued in his favor by a panel of Court of Appeals judges last Friday to stand so that the process the panel ordered — under which thousands of voters would need to come forward in short order to prove the validity of their registration documents — can commence.
In the brief, Griffin — who has been challenging the outcome of the election in a series of actions since last fall — states, “This litigation has drawn on long enough. The cure process, rather than more courthouse battles, is the pathway for restoring integrity in this election. It is now time to bring the litigation to a close and let the cure process run its course.”
On Monday of this week, in response to Riggs’ request for review, the Supreme Court temporarily stayed the Court of Appeals order. It’s long been widely expected in political and legal circles that the high court would ultimately be forced to issue a ruling in the case – though a return to federal court remains a possibility as well.
On Thursday of this week, national and state Democratic Party leaders held a press conference to denounce Griffin’s efforts to reverse the election results in which Riggs holds a 734-vote lead — a lead that was confirmed in two recounts. “What’s happening in North Carolina goes beyond state borders,” Democratic National Committee Chair Ken Martin told reporters. “If Republicans are successful in changing the rules post-election and throwing away valid votes, this will have broad implications, serious repercussions, on elections across the country for years to come.”
Republicans hold a 5-2 majority on the high court – a gap that increases to 5-1 in the Riggs-Griffin dispute, given that Riggs has recused herself from the matter. Three of the Republican justices, in previous decisions in the case, have expressed support for Griffin’s positions. In the case of a 3-3 tie in the Supreme Court — either on the motion for discretionary review or in a final ruling on the merits of the case — the Appeals Court decision would stand.
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