Supreme Court Pushes Back Against Troubling Conservative Election Theory

The Supreme Court has delivered another unexpected blow to conservatives seeking to draw outrageously favorable maps this election cycle. In a 6-3 vote in Moore v. Harper, the court ruled that state legislators do not have unlimited authority over administering federal elections.

The case focused on a gerrymandered voting map created by the North Carolina state legislature. The North Carolina Supreme Court ruled that the map violated the state’s constitution by unfairly benefiting Republican victories. Although the court later reversed its own decision.

The real issue, in this case, wasn’t about a single map; it had to do with a once obscure conservative legal theory known as “independent state legislature theory.” According to this theory, state legislators have near-total authority to govern federal elections without oversight from state courts, state constitutions, or the governor. The problem with this theory is it would mean that average citizens would have almost no recourse if their state government starts passing wildly restrictive voting laws or drawing maps that ensure one party holds onto power. In essence, it would make a bad situation infinitely worse.

Instead, the court’s three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, and two conservative justices, Brett Kavanaugh and Amy Coney Barrett, voted against granting state legislators this kind of unchecked power. It probably won’t surprise you to know that Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.

As the 2024 election approaches, this decision is one less thing to worry about when it comes to what is shaping up to be an already chaotic election cycle.