A majority of justices on the U.S. Supreme Court expressed skepticism Wednesday toward arguments that state legislatures should be unbound by state constitutions in how they run elections.
Four different attorneys argued on the matter of Moore v. Harper, a dispute between the North Carolina Legislature and the state Supreme Court, over maps for congressional seats that were redrawn last year to reflect new census data.
But lawyers for the North Carolina Legislature have made an audacious claim in their arguments — that the state courtsin constraining the legislature when it comes to election law. This has become known as the Independent State Legislature Theory. Kagan noted that if the court were to rule in favor of the legislature, it would mean there would be little to stop partisan actors from drawing “extreme” gerrymandered maps that favored their party. She also argued that such a ruling could allow state legislatures to obstruct or restrict voting without much recourse for voters, and that legislatures might even “insert themselves into the certification of elections ... and the way election results are calculated.
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