Supreme Court rules against independent state legislature theory
The Supreme Court has decided Tuesday that state legislatures do not have untrammeled power to draw congressional districts and must adhere to their own constitutions, which state supreme courts can adjudicate. As such, independent state legislature theory — which the North Carolina state legislature utilized to bring its case before the court — is not a viable legal theory. The decision in Moore v. Harper was 6-3, with Justices Thomas, Alito and Gorsuch taking up the dissent. The court wrote in its thirty-page decision that, contrary to independent state legislature theory, “The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.