ALEC Applauds SCOTUS Decision Upholding States’ Rights in Berger v. NC NAACP Case
The Court has ruled that state lawmakers, not federal bureaucrats, have the final say in who represents and defends the state when their laws are challenged
Decision upholds the Constitutional right of state legislatures to defend their laws as they see fit
Arlington, Va. – The American Legislative Exchange Council (ALEC) CEO Lisa B. Nelson issued the following statement in reaction to the Supreme Court decision in Berger v. NC NAACP, a case in which ALEC filed an amicus brief:
“Today’s Supreme Court decision in Berger v. NC NAACP is a victory for the right of all state legislatures to defend the constitutionality of the measures they have debated and enacted into law.
“This decision upholds the Constitutional right of state legislatures to defend their laws as they see fit, regardless of whatever procedural rules federal courts may impose. The Court has ruled that state lawmakers, not federal bureaucrats, have the final say in who represents and defends the state when their laws are challenged. While federal courts can establish procedural rules, they do not trump state law.”
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The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. The Council is governed by state legislators who comprise the Board of Directors and is advised by the Private Enterprise Advisory Council, a group of private, foundation and think tank members. For more information about the American Legislative Exchange Council, please visit: www.alec.org.