Cite as: 600 U. S. ____ (2023)
3
KAVANAUGH, J., concurring
only to state court interpretations of state statutes, but also
to state court interpretations of state constitutions. And in
reviewing state court interpretations of state law, “we
necessarily must examine the law of the State as it existed
prior to the action of the [state] court.” Bush, 531 U. S., at
114 (Rehnquist, C. J., concurring).
Petitioners here, however, have disclaimed any argument
that the North Carolina Supreme Court misinterpreted the
North Carolina Constitution or other state law. See ante,
at 29.2 For now, therefore, this Court need not, and
ultimately does not, adopt any specific standard for our
review of a state court’s interpretation of state law in a case
implicating the Elections Clause. See ante, at 28 (“We do
not adopt these or any other test by which we can measure
state court interpretations of state law in cases implicating
the Elections Clause”). Instead, the Court today says
simply that “state courts do not have free rein” and “hold[s]
only that state courts may not transgress the ordinary
bounds of judicial review.” Ante, at 26, 29. In other words,
the Court has recognized and articulated a general
principle for federal court review of state court decisions in
federal election cases. In the future, the Court should and
presumably will distill that general principle into a more
specific standard such as the one advanced by Chief Justice
Rehnquist.
With those additional comments, I agree with the Court’s
conclusions that (i) state laws governing federal elections
are subject to ordinary state court review, and (ii) a state
court’s interpretation of state law in a case implicating the
Elections Clause is in turn subject to federal court review.
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2 Instead, petitioners make the broader argument, which the Court
today properly rejects, that the Elections Clause bars state courts from
reviewing state laws for compliance with the relevant state constitution.
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