SCOTUS Rejects 'Independent State Legislature' Theory

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Facts

  • In a 6-3 ruling in the case of Moore v. Harper, SCOTUS has rejected the "independent state legislature" theory, which the North Carolina GOP argued granted state legislatures nearly unlimited control over elections.1
  • The court ruled that the North Carolina Supreme Court did not overstep its powers when it rejected a congressional districting plan as excessively partisan, with the state attempting to invoke the independent state legislature theory for the first time in a major court case.2
  • The majority found that the US Constitution's elections clause "does not insulate state legislatures" from state judicial review, rejecting the argument that only Congress could intervene in election law.3
  • Proponents of independent state legislature theory argue that since the elections clause stipulates that the "times, places and manner" of elections "shall be prescribed in each state by the legislature thereof," the legislative branch is the only organ empowered to regulate elections.3
  • The ruling affirms the precedent that state election law is open to judicial review under state constitutions. In his majority opinion, Chief Justice John Roberts did note that state courts did not have the power to take part in election regulation, only judicial review.4
  • The three dissenting justices, Thomas, Alito, and Gorsuch, argued that the decision is moot due to subsequent actions from the N.C. Supreme Court and should have been dismissed, also taking issue with the reasoning of Chief Justice Roberts in his opinion.3

Sources: 1MSNBC, 2PBS NewsHour, 3Washington Post, and 4Independent.

Narratives

  • Democratic narrative, as provided by Mother Jones. The American people can breathe a sigh of relief after SCOTUS rejected a legal theory that would have given states a license to rig, reject, or outright steal elections, which is especially pertinent as the GOP refuses to rebuke former Pres. Trump about the 2020 election. If the court had affirmed independent state legislature theory, it would have destroyed American democracy as we know it and given control of elections to partisan lawmakers without review or oversight.
  • Republican narrative, as provided by Washington Examiner. There has been much hysteria surrounding the independent state legislature theory on the left, without realizing that states already have the power to "rig" elections if they so choose. If state lawmakers wished, they could replace presidential electors with those willing to give them a favorable result, which is something states rejected firmly when Trump made requests to do so. Nothing has changed, as it's still political convention, not heavy-handed lawmaking, that keeps our democracy in check.

Predictions