Supreme Court rebuffs independent state legislature theory

The majority found that the Elections Clause does not insulate legislators from state court review.
The U.S. Supreme Court in Washington, D.C. Photo credit: Jonathan Satriale / WEBN-TV via Creative Commons.

The U.S. Supreme Court on Tuesday rejected what is known as the independent state legislature theory, which challenged a state court’s ability to strike down congressional district maps.

The petitioners in Moore v. Harper, including North Carolina House Speaker Tim Moore (R), argued that the U.S. Constitution’s Elections Clause gave state legislatures the sole authority to set rules in administering federal elections and to do so free of restrictions by state courts.

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