On Tuesday the U.S. Supreme Court held that state legislatures do not have exclusive and independent authority to set the rules regarding federal elections under the U.S. Constitution’s Elections Clause. This idea had been dubbed the “independent state legislature theory.” Practically speaking, this decision affirmed the North Carolina Supreme Court’s authority to review the state legislature’s congressional districting plans for compliance with the state constitution. You can read the opinion in Moore v. Harper here.
Post Decision Analysis
For a short history of the case and what it means for North Carolina and other states, listen to the CSPAN interview below with Zach Montellaro on Politico.com. SCOTUSblog presents a good wrap-up of the case as well. For a slightly more detailed and academic analysis, read Professor Rick Hasen’s article in Slate Magazine where he also suggests that this decision could cause unintended consequences. Read more coverage by PBS, ABCNews, L.A. Times,
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