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  • 1440 Daily Digest

Moore v. Harper Ruling

The US Supreme Court rejected a case yesterday in a 6-3 decision that would have significantly expanded state legislatures' authority to redraw congressional maps and regulate federal elections and processes, ruling state judges have the power to override state legislatures.

At the center of Moore v. Harper was the independent state legislature theory, which rests on two provisions of the Constitution: Article I's elections clause and Article II's electors clause. The case was brought by Republican lawmakers in North Carolina who sought to assert control over election regulations after their previously drawn congressional maps were invalidated by the state’s Supreme Court. The ruling emphasized that state courts retain the ability to review legislative actions. However, they still must adhere to the “ordinary bounds” of judicial review within the limits of the Constitution's elections clause.

The court did not rule on whether the lines in North Carolina had to be redrawn—a new round of redistricting is expected to move forward in the state before the 2024 elections.

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