The U.S. Supreme Court convened its new session in Washington on Oct. 3 with a crowded docket that included cases related to affirmative action, LGBT issues, and freedom of speech and religion.
Among the most closely watched cases slated for the term, which could see hearings extend into next summer, is a challenge to the North Carolina Supreme Court’s 2021 rejection of the state legislature’s revised post-2020 census maps for the state’s 14 congressional districts.
In placing Moore v. Harper on its docket, the nation’s highest court has agreed to resolve a decades-long debate over the “independent state legislature theory,” which maintains that the U.S. Constitution vests election regulation entirely with state lawmakers to the exclusion of other elected officials, appointed bureaucrats, and the courts as long as their actions comply with state and federal laws.
In their appeal of the North Carolina Supreme Court’s ruling, which determined that the redrawn congressional district maps were unconstitutionally gerrymandered, lawmakers argue that under their interpretation of the U.S. Constitution, the “independent state legislature theory” renders state courts powerless in matters relating to federal elections, including how state lawmakers draw congressional district maps.
Several briefs have been filed in the appeal. Through late September, 21 briefs had been lodged, with 16 in support of the appellants and five arguing for “neither party.”
Theory proponents, including election integrity advocates and conservative groups from across the country, say they seek to cuff state courts from “acting like super legislators” while asserting state legislatures’ right as “necessary parties” to participate in all election-related lawsuits.
Among groups filing briefs in support of the theory are the Honest Elections Project (HEP), the Republican National Committee, the Republican Caucus of the Pennsylvania Senate, the Citizens United Foundation, and the American Legislative Exchange Council.
“It is interesting” how the theory “has attracted a lot of attention” in the past two years despite being “teed up many times over the years” with little notice, HEP Executive Director Jason Snead told The Epoch Times on Oct. 3.
