independent state legislature theory

Future of U.S. election law at stake as Supreme Court hears North Carolina case

BY: and - December 8, 2022

WASHINGTON — North Carolina Republicans appeared to have at least three of the U.S. Supreme Court’s conservative justices on their side Wednesday in a case that could determine the future of elections nationwide, and leave decisions about federal elections in the hands of state legislatures and beyond the reach of state courts. The Supreme Court […]

U.S. Supreme Court to consider case that could radically reshape the country’s elections

BY: - October 17, 2022

The U.S. Supreme Court could soon grant state legislatures unconditional control over federal elections, clearing the way for lawmakers to gerrymander their states with impunity and pass voter restriction measures without interference from state courts. The high-stakes election case, Moore v. Harper, comes out of North Carolina after its Republican-controlled legislature passed in November 2021 a gerrymandered […]

States’ chief justices group argues against independent state legislatures “theory”

BY: - October 17, 2022

Calling it “invalid,” a group of influential judges is coming down against a theory that could give state legislatures the authority to set election and redistricting laws without the oversight of state courts. The Conference of Chief Justices, a group made up of the nation’s highest judicial officers, filed a rare amicus brief recently in […]

Ohio Senate Chambers

Ohio Supreme Court power could change under ‘independent state legislature’ theory

BY: - August 1, 2022

An obscure legal theory is in the sights of the U.S. Supreme Court, and that theory may create shockwaves, changing the power of the Ohio Supreme Court and the state legislature. The independent state legislature doctrine is an old theory with its genesis in the U.S. Constitution, specifically the clauses that give the state legislatures […]

Experts warn of election ‘havoc’ across the U.S. if North Carolina case succeeds

BY: - August 1, 2022

WASHINGTON —  Legal experts last week warned lawmakers on the U.S. House Administration Committee that if the U.S. Supreme Court upholds a North Carolina case that embraces a fringe election theory, it would undermine future elections across the country. “To be blunt, it would be extraordinary destabilizing,” said Carolyn Shapiro, a law professor at the Chicago-Kent […]

U.S. Supreme Court agrees to hear NC GOP challenge to state court oversight of redistricting

BY: - July 1, 2022

The U.S. Supreme Court announced Thursday that it will hear a North Carolina redistricting case that one prominent constitutional scholar described to the New York Times as “an 800-pound gorilla brooding in the background of election law cases working their way up from state courts.” In Moore v. Harper, North Carolina Republicans argue that it was and is […]