U.S. Supreme Court Rejects “Independent State Legislature” Thesis In North Carolina

(CTN NEWS) – The “independent state legislature” thesis put forth by the Republican legislative leaders of North Carolina was rejected by the U.S. Supreme Court in a judgement made public on Tuesday.

According to this theory, state legislatures alone have the power to determine how congressional districts are drawn and other aspects of federal election law.

Power Struggle: State Legislatures vs. Federal Election Law

The 6-3 ruling, written by Chief Justice John Roberts, declares that the elections clause of the Constitution “does not insulate state legislatures from the ordinary exercise of state judicial review.”

According to Roberts, “the Elections Clause expressly vests the power to carry out its provisions in “the Legislature” of each State, a deliberate choice that this Court must respect.”

Democratic Governor Roy Cooper stated in a press release that “this is a good decision that curbs some of the power of Republican state legislatures and affirms the importance of checks and balances.”

The Supreme Court’s decision upholds state courts’ authority to interfere with federal election laws, including those governing redistricting, to hold state legislators accountable. This lawsuit establishes a precedent that limits the authority of state legislatures over federal elections.

The judgement has little immediate impact on North Carolina, although having significant consequences for upcoming conflicts over district-drawing.

The maps used for the prior midterm elections were developed by a group of specialists hired by a court, and state law stipulates that maps created by a court may only be used once. The General Assembly’s Republican supermajority will create a new map for the 2024 elections.

The case, Moore v. Harper, started when the Democratic-majority North Carolina Supreme Court ruled in February 2022 that partisan gerrymandering in the creation of the General Assembly’s congressional maps “infringe[d] upon that voter’s fundamental right to vote.”

Despite the fact that there are almost equal numbers of Republicans and Democrats in the state, the proposed designs would have given Republicans strong control over 10 of the state’s 14 districts.

Republicans from North Carolina challenged the ruling of the state supreme court under the leadership of House Speaker Tim Moore, who finally took the matter before the U.S. Supreme Court.

Dissenting Opinion by Justice Clarence Thomas: A Case of Mootness

In December 2022, the court heard oral arguments in the case. It was uncertain if the North Carolina Supreme Court had exceeded its bounds.

The North Carolina Supreme Court, which now has a majority of Republicans, overturned the earlier decision in April, allowing the legislature to redraw congressional districts as they see proper. The Moore v. Harper case carried on in spite of this modification.

Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan, Brett Kavanaugh, and Sonia Sotomayor joined Roberts on the bench. Justice Gorsuch and Justice Samuel Alito partially concurred in the dissenting opinion written by Justice Clarence Thomas.

Moore v. Harper, according to Thomas’ dissenting opinion, was a “straightforward case of mootness.” He contended that it was unnecessary for the U.S. Supreme Court to affirm a decision that had already been overturned in April.

Conclusion:

In conclusion, the U.S. Supreme Court’s rejection of the “independent state legislature” thesis in North Carolina marks a significant power struggle between state legislatures and federal election law.

The 6-3 ruling, written by Chief Justice John Roberts, emphasizes that state legislatures are not insulated from state judicial review when it comes to the elections clause of the Constitution.

Governor Roy Cooper applauded the decision as it curbs the power of Republican state legislatures and reinforces the importance of checks and balances.

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