On June 27, 2023, the Supreme Court issued a landmark 6-3 decision in Moore v. Harper, ruling to reject the “independent state legislature” theory.
The case originated when North Carolina’s Republican-drawn district map was struck down by the state’s Supreme Court in February 2022. The court ruled that the map – which was a partisan gerrymander – violated the North Carolina Constitution’s guarantee of free elections.
North Carolina legislators contested this decision, however, arguing that the United States Constitution grants state legislatures the sole authority to control federal elections taking place in their state. Therefore, the North Carolina Supreme Court does not have the power to intervene.
This thinking is known as the “independent state legislature theory” and it is based on a strict interpretation of the United States Constitution. Article I, Section 4 of the Constitution states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof”. Because of the specific use of the word “legislature” in this clause, proponents of the theory argue that state legislatures should have the sole authority to make election maps, rules, and more.
Nonetheless, Tuesday’s Supreme Court decision rejected the “independent state legislature” theory and the strict interpretation of the Constitution it’s grounded in. Chief Justice Roberts explained that, despite the exact wording of the U.S. Constitution, state legislatures are still subject to the provisions of state constitutions. Because state courts have the ability to interpret state constitutions, legislatures can also be restrained by their judicial decisions.
This case demonstrates the complexity of interpreting the Constitution and how the Supreme Court can influence our democratic institutions using judicial power. If you would like to explore the Supreme Court, landmark judicial decisions, or the Elections Clause, we encourage you to download our free app today.
