Supreme Court Rejects Radical Independent State Legislature Theory

Huffington Post -  The Supreme Court on Tuesday rejected the radical argument brought forward in the controversial case of Moore v. Harper that state legislatures have the sole power to draw congressional district maps and set election law. The independent state legislature theory that Republicans in the North Carolina legislature wanted the court to adopt claims that the U.S. Constitution vests power to set the “time, place, and manner” of federal elections to state legislatures alone. This would give state courts no ability to rule on gerrymandered maps or other election laws that may run afoul of their respective state constitution. State legislatures, themselves often gerrymandered to give one party majority control, would then have free rein to draw congressional maps and set election laws without judicial checks and balances. The court rejected this theory in a 6-3 decision written by Chief Justice John Roberts by affirming the role that state courts have to play in judging district maps drawn by state legislatures.