8
MOORE v. HARPER
THOMAS, J., dissenting
vant facts about the procedural history of this case and misapplies civil-procedure rules as if Harper I and Harper III
did not involve the same case. But the error that actually
drives the majority’s conclusion is much deeper. The majority evidently thinks that when Harper I held the 2021
Act unconstitutional, it entered a “judgment” affecting the
2021 Act as a statute, independent of its application to the
legal rights of the litigants in this case. And the majority
thinks that to reverse Harper I ’s “judgment” would “negate
the force of its order striking down” the Act, thus “alter[ing]
the presently operative statutes of North Carolina.” Ante,
at 7 (internal quotation marks omitted). But, of course, the
judicial power does not “operate on legal rules in the abstract”; it operates on the rights and liabilities of contending parties with adverse legal interests. California v.
Texas, 593 U. S. ___, ___ (2021) (slip op., at 8) (internal quotation marks omitted). The majority’s reasoning cannot be
squared with the judicial power vested by the Constitution,
the case-or-controversy requirement, or the nature of judicial review.
I start by clearing away some of the brush. True, Harper
III did not expressly “revisit” the Elections Clause issue,
ante, at 6; true as well, petitioners did not obtain rehearing
of Harper I, see ante, at 7. But none of that matters because
Harper III ’s final judgment mooted the Elections Clause issue in this case by dismissing plaintiffs-respondents’ claims
on alternative state-law grounds.3 Likewise, the idea that
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3 Incidentally, the majority seriously errs when it says that Harper III
“reaffirmed” Harper I ’s Elections Clause holding, ante, at 9, apparently
referencing Harper III ’s statement that “[t]he General Assembly exercises [redistricting] authority subject to the express limitations in our
constitution and in federal law,” ___ N. C., at ___, 886 S. E. 2d, at 422;
see also ante, at 6. The only “express limitations” Harper III meant were
“Article II, Sections 3 and 5,” of the State Constitution, which address
only state-legislative districts. ___ N. C., at ___, 886 S. E. 2d, at 422. As
Harper III acknowledged, “there is no provision in the state constitution
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