The U.S. Supreme Court is contemplating a significant election case that, regardless of its outcome, will have a significant impact on the 2024 election.

The North Carolina case centers on a constitutional principle referred to as the “independent state legislature theory.” State legislatures, not state courts or governors, have considerable control over the administration of federal elections within their respective states, according to proponents.

The Supreme Court is presently considering Moore v. Harper, a case that specifically addresses the theory. Concerns exist, however, that the court may not reach a comprehensive decision on the issue prior to the 2024 elections.

According to the Washington Examiner:

Moore v. Harper is a dispute over the North Carolina Supreme Court’s rejection of a Republican-backed redistricting plan for being too partisan.

Republicans filed a challenge to the state’s highest court, but conservatives were able to regain control of the court. Subsequently, the court with a Republican majority of 5 to 2 decided to rehear the redistricting case. Late last month, the court overturned its prior ruling, which was the basis for the outstanding Moore v. Harper case before the Supreme Court.

“The independent state legislature argument hinges on language in the Constitution that says election rules ‘shall be prescribed in each state by the legislature thereof,’” NBC News reported. “Supporters of the theory, which has never been endorsed by the Supreme Court, say the language supports the notion that, when it comes to federal election rules, legislatures have ultimate power under state law, potentially irrespective of potential constraints imposed by state constitutions.”

During oral arguments, the three liberal justices on the court, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, appeared skeptical of the theory.

Kagan stated at the time, “This proposal eliminates the normal checks and balances on how major government decisions are made in this country.”

NBC added in its report: “The independent state legislature theory has been embraced by supporters of former President Donald Trump, who cited it in various cases during the 2020 presidential election and its aftermath. The case, which could have a broad impact on an array of election issues, is being closely watched for its potential impact on the 2024 presidential election.”

Currently, it is uncertain whether the Supreme Court will ultimately render a definitive ruling on the constitutionality of the independent state legislature theory.

In order to determine if it still had jurisdiction over Moore v. Harper, the U.S. Supreme Court previously requested additional briefing materials for Moore v. Harper. The request suggested that the justices were considering whether to rule on the issue or dismiss it.

In a short order, the court instructed the parties to submit “supplemental letter briefs” addressing the Supreme Court’s jurisdiction in the case.

“The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

More on this story via Conservative Brief:

Mostly conservative experts and organizations have said the outcome of the case is vitally important in the wake of the 2020 election when a number of state courts and governors signed off on changes to voting procedures due to the COVID pandemic. CONTINUE READING…