The Supreme Court will hear a major case that could upend election law as the justices consider whether to reinstate Republican-drawn congressional districts in North Carolina.
on Wednesday will hear a major case that could upend election law as the justices consider whether to reinstate Republican-drawn congressional districts in North Carolina.asks the justices to embrace a hitherto obscure legal argument called the “independent state legislature” theory, which could strip state courts of the power to strike down certain election laws enacted by state legislatures.
Republicans led by Tim Moore, the Republican speaker of the North Carolina House of Representatives, invoked the theory after the state Supreme Court in February struck down the congressional district map. Moore and other Republicans immediately asked the Supreme Court to reinstate the maps, saying the state court had overstepped its authority. The high court agreed to take up the case, but it left in place a replacement map used for this year’s midterm elections. Democrats and Republicans each won seven seats.
In addition to being raised by Trump and his allies in 2020, the theory also arose in the 2000 presidential election during the litigation in Florida that ultimately led to Republican President George W. Bush’s taking office. There are several different versions of the argument, some of which would merely limit the authority of state courts in certain circumstances and others that would go further in giving legislatures virtually unchecked authority.
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