Federal Constitution

With all of these constitutional problems, there is a good chance that a federal court is going to find that this attempt at election subversion by North Carolina courts violates the federal Constitution.

The plaintiffs may face steep odds because they rely on the federal Constitution, which means their case might eventually land before the Supreme Court’s conservative supermajority.

"I would not have said this a couple of months ago, but I don't have confidence in our judges, based on what I'm hearing in North Carolina," she said, adding: "It just feels clear at this point that they're not impartial, that they're not holding the state and federal Constitution at the heart of their decision making. It seems incredibly political."

But because the federal Constitution makes states immune from most kinds of lawsuits, it will be harder for Carpenter to go after Texas.

“But ultimately the federal law and federal Constitution prevail, because that's how it works.”