SCOTUS rejects fringe election law theory

High court rules 6-3 against Trump-backed election law theory

The U.S. Supreme Court on Tuesday rejected a broad interpretation of the “independent legislature theory,” a fringe election law doctrine that would have given state legislatures unchecked power when crafting new election laws and voting maps.

In Moore v. Harper, Republicans in North Carolina were seeking to throw out a congressional map that was put in place by a liberal state court, arguing that the state judiciary should not be allowed to weigh in on laws pertaining to federal elections.

But by a 6-3 vote, the Justices determined that state legislatures are subject to checks and balances put in place by both the U.S. Constitution and state constitutions. But Chief Justice John Roberts, who wrote the majority opinion, believes that state courts do not have “free rein” and noted that there should be limits when it comes to judicial review.

Chief Justice Roberts was joined in the majority opinion by Justices Amy Coney Barrett and Brett Kavanaugh, along with the court’s three more liberal members, Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson.

Justice Clarence Thomas wrote the dissent, joined by Samuel Alito and Neil Gorsuch. Thomas argued that the case should have been dismissed because key circumstances have changed since the Justices heard the case last October.

Conservatives took control of North Carolina’s state courts in the November 2022 elections, and the new majority quickly overturned previous rulings that found Republican-drawn voting maps to be unconstitutional. Justice Thomas argues that this renders the case moot.

Nevertheless, Tuesday’s ruling came as a relief for voting rights activists. With the 2024 election on the horizon, many were worried that this case could empower supporters of former President Donald Trump, who tried unsuccessfully to invoke the independent legislature theory when contesting the results of the 2020 election.

Trump lawyers and allies visited state capitols in Georgia and other swing states to pressure Republican state legislators to invalidate Joe Biden’s victory and approve an alternate slate of electors, arguing that states did not follow their own laws when counting votes. It’s only part of what critics believe led to the attack on the U.S. Capitol on January 6, 2021.

Despite the ruling, North Carolina Republicans are taking a victory lap. As mentioned before, the state courts now have conservative majorities and have overturned previous rulings that struck down Republican-drawn maps. Statehouse Speaker Tim Moore, the lead plaintiff in the Moore v. Harper case, says that he is moving forward with plans to draw new maps later this year.

"Fortunately the current Supreme Court of North Carolina has rectified bad precedent from the previous majority, reaffirming the state constitutional authority of the North Carolina general assembly,” Speaker Moore says. “We will continue to move forward with the redistricting process later this year.”

SCOTUS watchers are still awaiting rulings on several other cases. Decisions regarding affirmative action, LGBTQ+ rights, religious liberty and President Biden’s student loan forgiveness program will be handed down before the Justices leave Washington for summer recess on Friday.