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SCOTUS rejects "independent state legislature" theory (Moore v. Harper) in 6-3 ruling


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2022-12-07T165004Z_956605478_RC2V0Y97FXM
WWW.PBS.ORG

The Supreme Court has ruled that North Carolina's top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.

 

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The Supreme Court on Tuesday ruled that North Carolina’s top court did not overstep its bounds in striking down a congressional districting plan as excessively partisan under state law.

 

The justices rejected the broadest view of a legal theory that could have transformed elections for Congress and president.

 

The court declined to invoke for the first time the “independent state legislature” theory, which would leave state legislatures virtually unchecked by their state courts when dealing with federal elections.

 

The high court did, though, suggest there could be limits on state court efforts to police elections for Congress and president.

 

The practical effect of the decision is minimal in that the North Carolina Supreme Court, under a new Republican majority, already has undone its redistricting ruling.

 

Another redistricting case from Ohio is pending, if the justices want to say more about the issue before next year’s elections.

 

 

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