Global Courant
The Supreme Court ruled on Tuesday that judges have the power to override state legislatures when it comes to how federal elections are conducted.
Moore v. Harper was about a constitutional dispute over the power of a state court to regulate federal elections – in this case, gerrymandered redistricting maps. Some state legislators sought a favorable interpretation of the “independent state legislature” (ISL) theory, calling for near-total control over the regulation of federal elections for president and members of Congress.
The case came to the Supreme Court after a state court in North Carolina threw out GOP-signed congressional maps first filed in November 2021.
Timothy Moore, Speaker of the North Carolina House of Representatives, delivers a speech alongside members of the General Assembly. (Credit: David Cobb)
The cards were ruled unconstitutional by a Democratic state majority court, with the GOP cards seemingly giving the Republican-led legislature an advantage in the state’s 14 congressional districts.
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The maps drawn by the court were eventually used in the state’s midterm elections, yielding seven seats for each party. The GOP state legislature argues that using the maps drawn by the court is a violation of the constitutional law of the General Assembly under the Election Clause.
GOP legislatures are asked in the Supreme Court to invoke ISL doctrine, which hinges on the interpretation of the constitution to mean that state legislatures have “plenary” or unqualified authority to decide how elections are held, without almost any judicial review by the state.
The Supreme Court ruled in Moore v. Harper. (AP Photo/J. Scott Applewhite, File)
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Article 1 of the Constitution reads: “The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof.”
As the term of office of the Supreme Court comes to an end, the judges still have a number of important cases to decide. (Collection of the United States Supreme Court via Getty Images)
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GOP advocates argue the case could have implications for the security of elections nationwide, as a decision on the part of the North Carolina Supreme Court could give additional authority to state and federal courts to intervene in future election proceedings.
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But many across the aisle viewed independent state legislature doctrine as too broad, arguing that the end result could negatively affect democracy as a whole and open the door to further gerrymandering in a political climate with low voter confidence.
Brianna Herlihy is a political writer for Fox News Digital.
