Elections Clause

ELB Podcast: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

By EditorJul 05, 2023

Listen to the Election Law Blog Podcast's voting rights roundtable discussion of Moore v. Harper. Derek Muller, Carolyn Shapiro, Bertrall Ross, and Rick Pildes discuss what the recent U.S. Supreme Court decision means for future elections. https://soundcloud.com/rick-hasen/elb-podcast-410?si=22034ab3b3ea4e24bb0205f33a2ffbc4&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing Find us on:

Elections Clause, HOME, NEWS, Redistricting, Redistricting Gerrymanders, State Lawsindependent state legislature theory, lawindepth, lpscotus, North Carolina, scotus

U.S. Supreme Court Rejects Exclusive Power of State Legislatures to Draw Redistricting Maps in NC Case

By EditorJun 29, 2023

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…

Case Updates, Casedocs, Elections Clause, LATEST, LAW, NEWS, Redistricting, Redistricting LitigationIN-DEPTH, independent state legislature theory, lawindepth, litigation, North Carolina, STATENEWS

WATCH: U.S. Supreme Court Oral Argument in NC Congressional Map Case (Moore v. Harper)

By EditorDec 15, 2022

The U.S. Supreme Court heard oral argument in Moore v. Harper, a case regarding North Carolina’s congressional district map. North Carolina’s 2021 congressional map was approved by the Republican-controlled state legislature and subsequently challenged as a Republican partisan gerrymander, which is prohibited in North Carolina. The state Supreme Court invalidated the map and blocked its use in the 2022 midterm elections. A new map was eventually completed by court-appointed experts and used in the elections, but Republican legislative leaders appealed to the nation’s highest court. The case hinges on the so-called "independent state legislature theory," which is the idea that…

Case Updates, Elections Clause, LAW, Redistricting Litigationlawindepth, North Carolina

Will the Court’s Arizona Decision Spawn More Independent Commissions?

By EditorSep 22, 2015

Now that the Supreme Court has sanctioned Independent Redistricting Commissions brought about by voter ballot intiatives, will more states follow? Is this an effective way to thwart Republican gerrymanders? Michael Sargeant and Mark Schauer ponder these questions in this article in The Hill Blog. They point out that ballot initiatives are not widely available among the states although many could benefit from voter initiatives that take the partisanship out of the redistricting equation. The best strategy according to Sargeant and Schauer is to ensure Democratic majorities in these key states. Read more.

Elections Clause, Redistricting Commissions, REFORMArizona, California, Independent Redistricting Commission

Arizona Supreme Court Case Could Threaten Redistricting Commissions in these 6 States

By EditorMar 10, 2015

Last week the Supreme Court heard oral arguments in Arizona State Legislature v. Arizona Independent Redistricting Commission. The case centers around whether voters by initiative, can transfer the authority to redraw state and congressional boundaries from the state legislature to an independent commission, something Arizona has been doing since 2000. This Brennan Center report lists those states with commissions that could be in jeopardy should the Supreme Court side with the Arizona legislature in this case. Read the report here.

Elections Clause, FEATURES, POLICY and PRACTICE, Redistricting CommissionsBrennan Center, States

Listen to Supreme Court Oral Argument in the Arizona Independent Redistricting Commission Case

By EditorMar 09, 2015

Last week the Supreme Court heard oral arguments in Arizona State Legislature v. Arizona Independent Redistricting Commission. The case revolves around the Republican-led legislatures' challenge to a state constitutional amendment that voters passed by initiative in 2000 giving a bipartisan commission control over redrawing Arizona's state and congressional district boundaries. While there are some initial issues of standing, the substantive question in this case will be whether the U.S. Constitution's Elections Clause prevents a state from transferring redistricting authority to an entity other than the legislature. So far, there have been several early impressions of the oral argument published, many…

Elections Clause, Redistricting Commissions, Redistricting LitigationArizona, Independent Redistricting Commission, lawid, oral argument, state legislature

Early Analysis of Supreme Court Oral Argument in Arizona Redistricting Case

By EditorMar 03, 2015

Hear are early assessments of the Supreme Court's oral argument yesterday in Arizona Legislative Black Caucus v. Arizona. Click the links for analysis. SCOTUSBLOG: Argument analysis: Literalism vs. the power of the people NYT: Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting NPR: Supreme Court Seems Divided Over Independent Redistricting Commissions Politico: High Court Hears Redistricting Case Election Law Blog: Analysis: Supreme Court Looks to Endanger Citizen Redistricting Commissions and MORE Christian Science Monitor: Supreme Court: Can independent commissions draw redistricting lines?

Elections Clause, FEATURES, RedistrictingArizona, Independent Redistricting Commission