“The state of Georgia was supposed to hold an election Tuesday to fill a seat on the state Supreme Court. Justice Keith Blackwell, a Republican whose six-year term expires on the last day of this year, did not plan to run for reelection. The election, between former Democratic Rep. John Barrow and former Republican state lawmaker Beth Beskin, would determine who would fill Blackwell’s seat.
But then something weird happened: Georgia’s Republican Gov. Brian Kemp and the state’s Republican secretary of state, Brad Raffensperger, canceled Tuesday’s election. Instead, Kemp will appoint Blackwell’s successor, and that successor will serve for at least two years — ensuring the seat will remain in Republican hands.
On May 14, the state Supreme Court handed down a decision that effectively blessed this scheme to keep Blackwell’s seat in the GOP’s hands. The court’s decision in Barrow v. Raffensperger is unusual in many regards — among other things, six of the state’s regular Supreme Court justices recused from the case, and they were replaced by five lower court judges who sat temporarily on the state’s highest court. The court’s decision in Barrow turns upon poorly drafted language in the state constitution, which does suggest that Blackwell, Kemp, and Raffensperger’s scheme was legal.”
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“In late February, just a few days before the deadline for candidates to file to run to replace Justice Blackwell was about to expire, Blackwell sent a letter to Kemp announcing that he intends to resign his seat, effective November 18. That means that Blackwell will leave office a few weeks before his term was set to expire on December 31.
Shortly after receiving this letter, Kemp formally accepted Blackwell’s future resignation. The governor then informed Raffensperger, the state’s chief elections officer, that he intended to fill Blackwell’s seat by gubernatorial appointment. In response, Raffensperger canceled the election to fill Blackwell’s seat, which was scheduled for May 19.
Both Democratic candidate Barrow and Republican candidate Beskin filed lawsuits seeking to reinstate the election, but these pleas were rejected by the state Supreme Court in a 6-2 vote.”
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“an appointed justice may serve until January 1, 2023 — and longer, if that justice eventually wins the 2022 election. The new justice will also be able to run with all the advantages incumbency provides.”
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“As a practical matter, this decision is likely to prove very easy for retiring justices to game if they belong to the same political party as the incumbent governor. Indeed, under the court’s decision in Barrow, Blackwell likely could have announced that he would resign effective December 30 — just one day before his term would have expired — and Kemp still would have gained the power to name Blackwell’s replacement.”