Moore v. Harper

The US Supreme Court yesterday heard oral arguments in a case over the degree to which state legislatures have the authority to regulate federal elections and processes and how much oversight state courts have.

At the center of Moore v. Harper is the independent state legislature theory, which rests on two provisions of the Constitution: Article I's elections clause and Article II's electors clause. Proponents of the theory contend the two clauses say state courts don't have the authority to supervise how state legislatures run congressional and presidential elections, while critics argue the clauses haven't been fully understood to assume unchecked authority.

The case is an appeal of a ruling by the North Carolina Supreme Court that ordered a new congressional map after finding the state's Republican version violated the North Carolina Constitution because it displayed characteristics of partisan gerrymandering (see 101). A decision on the case is expected next summer.