The controversy involves Republican candidate Jefferson Griffin seeking to have over 60,000 votes thrown out in a close election against Democrat incumbent Justice Allison Riggs. Griffin claims that some overseas voters, including military personnel, did not include copies of their driver’s licenses or photo IDs with their absentee ballots, and that voters who registered under old forms without providing social security numbers or driver’s licenses should be disqualified. However, federal law does not require such documentation for overseas voters, and the North Carolina Board of Elections rejected these arguments. Griffin’s lawsuit was initially moved to federal court but sent back to state court, where the North Carolina Supreme Court, now under Republican control, has temporarily stayed the certification of the election.
The decision is controversial because the court, which has a Republican majority, is considering arguments to throw out votes that could overturn the election result in favor of the Republican candidate. Critics argue this is an attempt to subvert democracy, as the votes in question were counted in other elections without challenge. The court’s decision to stay certification and consider the case raises concerns about partisan interference in elections.
The federal government argues that the law banning TikTok unless it is divested from its Chinese parent company, ByteDance, is necessary to prevent China from accessing U.S. user data and manipulating content. They claim this does not violate the First Amendment as it regulates ownership, not content. TikTok and its users, represented by Noel Francisco and Jeff Fisher, argue the law is motivated by concerns over content, particularly pro-Palestine content, and should be subject to strict scrutiny under the First Amendment.
The justices focused on several themes: 1) The law targets ByteDance, a foreign corporation, not content. 2) TikTok could operate with a different algorithm. 3) National security concerns about China’s access to U.S. user data. 4) The distinction between data collection and content manipulation as justifications for the law.
Milliken v. Bradley is significant because it effectively limited the scope of Brown v. Board of Education by ruling that inter-district desegregation plans could not be implemented unless each suburban district was found to have contributed to segregation. This decision reinforced school segregation in northern cities like Detroit by maintaining the separation of urban and suburban school districts.
The political landscape, including President Nixon’s opposition to busing and his appointment of conservative justices, influenced the Milliken case. Nixon campaigned against busing as a means of integration, and his appointees to the Supreme Court, including Justice Lewis Powell, who argued for the sanctity of school district lines, shaped the court’s decision to reject metropolitan desegregation plans.
Donald Trump’s legal challenges include a request to the Supreme Court to block his sentencing on New York state charges, claiming presidential immunity. The court rejected this request in a 5-4 decision, with Chief Justice Roberts and Justice Barrett joining the liberal justices. The dissenters, including Justices Thomas, Alito, Gorsuch, and Kavanaugh, supported Trump’s claim, highlighting the court’s partisan divide.
Leah, Melissa & Kate dive headfirst into an already busy 2025 by detailing the Republican attempt to steal a North Carolina Supreme Court seat, looking at the just-argued TikTok case, parsing through Donald Trump’s various legal challenges, and more. Then, the hosts speak with Michelle Adams, professor of law at the University of Michigan about her book The Containment: Detroit, The Supreme Court, and the Battle for Racial Justice in the North).
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