The United States Supreme Court is contemplating an election case involving North Carolina that, regardless of the court’s decision, will have a significant impact on the 2024 election.
The case centers on a constitutional theory known as “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 matter 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.
“Should the high court fail to weigh in on the issue, state legislatures may feel emboldened to have free reign with gerrymandering, election integrity laws, and more, likely drawing major legal challenges,” the Examiner noted further.
Common Cause, a left-leaning election watchdog, argued that the Independent State Legislature theory “calls into question hundreds of state constitutional provisions” and that “the dispute over this theory must be resolved in time to prepare maps, ballots, and election rules well in advance of the 2024 elections.”
Common Cause contends that the theory “implies fundamental questions about self-governance and our constitutional structure” and that the Independent State Legislature theory “has contributed to a growing public doubt regarding the legality and integrity of federal elections.”
“The Times, Places, and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
In the aftermath of the 2020 election, when a number of state courts and governors approved changes to voting procedures due to the COVID pandemic, the majority of conservative experts and organizations have deemed the outcome of this case crucial.
Previously, Jason Snead of the Honest Elections Project told the Examiner that a ruling invalidating the theory could “leave the door wide open for the Left’s anti-democracy campaign, which has flooded the courts with politicized lawsuits and created chaos in our elections.”
In a separate case, the North Carolina Supreme Court issued a groundbreaking decision last month allowing Republicans in the state to redraw congressional districts in a manner that will significantly favor the GOP.
More on this story via Conservative Brief:
Republicans could potentially pick up four more seats in the U.S. House of Representatives after North Carolina’s state Supreme Court ruled in its favor, Politico reported. CONTINUE READING…