Monday's Supreme Court ruled against emergency appeals by Republicans from North Carolina and Pennsylvania seeking to stop redistricting map that had been selected by state courts.
Both states have their legislators draw the congressional maps. However, lawsuits challenging these maps prompted state courts in each state to intervene and create new districts that are considered victories for Democrats.
The Pennsylvania Supreme Court chose a map submitted to the state court by Democratic voters, after voters sued over the Republican-controlled legislature and the Democratic governor's inability to agree on a map. After concluding that the Republican state legislature's map was in violation of the state Constitution and favoring Republican voters, North Carolina's state Supreme Court allowed a nonpartisan panel to draw a new map.
The new maps are expected to benefit Democrats more than those proposed by the Republican-controlled state legislatures.
The Supreme Court in Pennsylvania declined to issue an Injunction in an Order published without any opinions. This allowed the case to continue in Federal Court.
The North Carolina case was decided by Justices Clarence Thomas and Samuel Alito.
Alito wrote for the three justices, "This case presents an extraordinarily important and recurring question in constitutional law, namely the extent of a court's authority reject rules adopted state legislatively for use in conducting Federal Elections."
"We must resolve this issue sooner or later. The sooner we do that, the better. Although this case offered a great opportunity to address the issue, the Court once again deemed it unsuitable.
Justice Brett Kavanaugh indicated an openness to discussing the issue in North Carolina but stated that it was too close before the election to force North Carolina to redraw its maps.