Jun 27, 2023:
In the case of Moore v. Harper, by a vote of 6-3 the U.S. Supreme Court issued a ruling rejecting the "independent state legislature theory."
That theory proposes that based on the U.S. Constitution Article I elections clause ("Times, Places and Manner" of congressional elections "shall be prescribed in each State by the Legislature thereof") and the Article II electors clause (states shall appoint presidential electors for the Electoral College "in such Manner as the Legislature thereof may direct"), state courts, including state supreme courts, have no legal rights to oversee or supervise state legislatures with regard to how those legislatures conduct elections.
Justices John Roberts, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson voted to reject the theory.
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.
The case arose after the Republican-controlled North Carolina legislature adopted a new congressional map in November of 1921. Later, the North Carolina Supreme Court issued a ruling saying that map was gerrymandered and therefore invalid.
Source:
Howe, Amy. (June 27, 2023). "Supreme Court rules against North Carolina Republicans over election law theory". SCOTUS Blog. Retrieved 2023-07-03
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