Supreme Court Rejects Theory That Would Have Given State Legislatures Nearly Unchecked Power Over Rules For Federal Elections
deadline.comThe Supreme Court on Tuesday ruled that state courts had oversight over a legislature’s election laws, rejecting a controversial theory that state lawmakers had nearly unchecked authority over the rules for congressional and presidential races.
The 6-3 ruling (read it here) was in a case over how Republicans in the North Carolina legislature drew congressional maps in the party’s favor.
They had argued that the Constitution’s Elections Clause gave them the power to set election rules without state oversight of their compliance with the state’s constitution. “The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review,” Chief Justice John Roberts wrote in the majority opinion.
The case of Moore vs. Harper had been closely watched by election lawyers and scholars given the aftermath of the 2020 presidential race.
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