If adopted the so-called independent state legislature theory would give state legislatures the power to put in place all manner of election laws and rules, without any review by the state courts.
North Carolina House Speaker Tim Moore, a Republican, speaks Wednesday to reporters in front of the U.S. Supreme Court. State Republicans want the court to overturn a decision by the state Supreme Court that ruled that the Republican legislature, in drawing new congressional district lines after the 2020 Census, had violated the state constitution with an extreme partisan gerrymander.
First up was lawyer David Thompson, representing the Republican state legislature. He told the court that the state courts have no authority under the U.S Constitution to rule on a state redistricting map. Justice Jackson reacted with incredulity. "You do have a problem with explaining why these procedural limitations are okay but substantive limitations are not," Barrett told him.
Kavanaugh pointed to a concurring opinion written by Chief Justice William Rehnquist in the controversial case that decided the 2000 election, Bush v. Gore. Rehnquist's opinion was joined by two other justices, Antonin Scalia and Clarence Thomas.
Chief Justice Roberts referred to the provision of the North Carolina constitution requiring a system of"fair and free" elections."Do you think the phrase 'fair and free elections' is providing standards and guidelines?" he asked.
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