The Supreme Court will hear a case next term that could give state legislatures the power to set the rules for federal elections — even if they result in partisan gerrymandering or violate state constitutions.
The Supreme Court said Thursday it will hear a case next term that examines a legal theory that wouldThe decision could allow state legislatures to set the rules for federal elections — even if they result in partisan gerrymandering or violate state constitutions, the Washington PostThe case concerns a map drawn by North Carolina's Republican-led legislature that was rejected by the state's supreme court for partisan gerrymandering and violating the state constitution.
Republican lawmakers argued that the state court lacked the authority to reject the map under a legal theory called the independent state legislature doctrine. The theory stems from the U.S. Constitution’s election clause, which says: "The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof."that it would be “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.
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