The Supreme Court case Moore v. Harper, which turns on what is called the independent state-legislature theory, has been referred to as “the gravest threat to American democracy today.”
Before last month’s midterm election, progressives—and centrists, and socialists, and anyone, really, who thought that it was a bad idea to put election deniers in charge of state elections—braced for a red wave. When it didn’t hit, many of those people, for a moment, felt something like relief. And yet, for anyone inclined to commemorate the dodging of one bullet by scanning the horizon for the next, there was still plenty of cause for concern.
In October, the Court heard Merrill v. Milligan, a case about redistricting in Alabama. More than a quarter of Alabama’s residents are Black, but the state legislature had created a gerrymandered map with just one majority-Black congressional district, out of seven. The challengers argued that this violated the Voting Rights Act.
The final oral argument of the year took place last Wednesday, in Moore v. Harper, a North Carolina redistricting case. The law professor Rick Hasen has called it “the eight-hundred-pound gorilla” of election law; the conservative former judge J. Michael Luttig referred to it as “the gravest threat to American democracy today.
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