The Supreme Court will take on the future of federal elections today, discussing a case that could upend electoral politics and embolden state legislatures to act without judicial oversight.
Supporters of former President Donald Trump relied on versions of the so-called independent state legislature doctrine during the efforts to overturn the 2020 election. Now, North Carolina Republican lawmakers are asking the justices to adopt the long-dormant legal theory in a fight over redistricting maps, saying it allows state legislatures to set rules in federal elections without any constraints by state courts or other state authorities.
The state court acknowledged that redistricting is primarily delegated to the legislature but said it must be performed in conformity with the state constitution. The court said the maps violated the North Carolina’s free elections, equal process, free speech and free assembly clauses. Traditionally, legislatures have set ground rules for conducting an election, but have not acted alone or with the final word.
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