Last month, Florida’s supreme court agreed to review a redistricting case challenging the elimination of a Black district on a congressional map. However, lawyers in the case say there is a high likelihood that the court’s review will come too late for a new map to be in effect for the 2024 election. This delay could have a substantial impact, effectively disenfranchising many Florida voters.

Florida House Democratic Leader Fentrice Driskell questioned the high court’s timing, saying that it “demonstrates the lack of urgency which they view this issue.” This would not be the first time a court has declined to intervene before an election. For example, the U.S. Supreme Court in Allen v Milligan declined to order Alabama to put new maps in place before the 2022 midterm election, even though it ultimately found that the maps used were racially discriminatory.

In the Oregon legislature, senators in the minority party have often used walkouts to prevent the majority from moving legislation. These walkouts typically consist of lawmakers being absent from sessions and agreeing to return only if legislative concessions are made. Over the past few years, lawmaker walkouts in Oregon have had a large political impact, particularly surrounding contentious topics such as abortion access or climate change. In response, Oregon voters in 2022 directly amended the state's constitution to reduce or prevent walkouts.

The amendment, called Measure 113, bars any lawmaker with 10 or more unexcused absences from seeking reelection. Notwithstanding the new rule, in 2023, 10 senators repeatedly boycotted legislative work and were thus excluded from the ballot by Oregon’s secretary of state when they sought to run to retain their seats. Several senators challenged their exclusion in court, arguing that the language of the ballot amendment should be interpreted to allow them to seek another term in office before exclusion. The Oregon Supreme Court ruled on February 1 that they indeed cannot seek reelection. Thus, the lawmakers who participated in the 2023 walkouts — 9 Republicans and 1 Independent — are ineligible, meaning there will be 10 new members in the 30-seat senate.

Secretary of State LaVonne Griffin-Valade responded, “I’ve said from the beginning my intention was to support the will of the voters. It was clear to me that voters intended for legislators with a certain number of absences in a legislative session to be immediately disqualified from seeking re-election.”

As the trend of state legislatures seeking to preempt the exercise of discretion by local prosecutors continues, some courts find themselves drawn into these power struggles.

Last year, the Georgia General Assembly’s Republican majorities pushed the passage of Senate Bill 92, which created a new organization called the Prosecuting Attorneys Qualifications Commission to investigate and discipline Georgia’s elected prosecutors. “We have seen theatrics take hold in Georgia over the safety and welfare of our communities as some prosecutors promise ‘reform’ and then deliver nothing but ineffectiveness and blatant disregard for the law,” said the bill’s sponsor.

The bill originally required the Georgia Supreme Court to approve proposed rules for the operation of the new commission before the commission could begin its work. However, when the legislation reached the Georgia Supreme Court, the court held that it lacked the constitutional authority to be involved in this way. While this prevented the bill from taking immediate effect, the Georgia legislature has continued to push the idea forward, and late last month, it advanced a revised version of S.B. 92 that would remove the requirement for the high court to approve the commission’s rules.