The Supreme Court on Tuesday rejected a legal theory that would have allowed state legislatures to set rules for federal elections without interference from state courts.
The vote was 6-3, with Chief Justice John Roberts writing the majority opinion and justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissenting.
The case from North Carolina was about the “independent state legislature” theory based on the Constitution’s election clause. It says, “The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.”
Proponents say a state legislature’s actions on federal elections cannot be altered by other state governmental bodies, such as courts, and was only subject to congressional oversight.
The case, Moore v. Harper, No. 21-1271, came to the Supreme Court after North Carolina’s legislature struggled to redefine congressional districts at a time the state’s Supreme Court was changing its ideological balance. Both sides were accused of partisan gerrymandering.
“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause,” Roberts wrote. “Federal courts must not abandon their duty to exercise judicial review.”
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