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Red State
Red State
27 Jun 2023
Joe Cunningham


NextImg:Supreme Court Rejects 'Independent Legislature Theory' in North Carolina Election Law Case

In a 6-3 decision released on Tuesday, the United States Supreme Court has rejected the idea that a state legislature cannot be overruled by the courts when it comes to election law.

The “independent legislature theory” that had been pushed by the North Carolina legislature argued that the legislature does not have “nearly unfettered authority to regulate federal elections, without interference from state courts.” The Court’s opinion, authored by Chief Justice John Roberts, states that “A state legislature may not ‘create congressional districts independently of’ requirements imposed ‘by the state constitution with respect to the enactment of laws.'”

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At the heart of the issue were GOP-drawn congressional maps that had been challenged by Democrats and tossed out by a then-Democratic majority North Carolina Supreme Court. The state’s Republicans challenged the court’s ruling, appealing to the high court. Complicating the matter was the fact that the state’s Supreme Court flipped after the 2022 midterms, with the subsequent GOP majority ruling that they did not have oversight in the matter.

However, the Tuesday opinion from the nation’s high court stated that the state courts did have that power and rejected the assertions of the state legislature.

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This is a developing story, and RedState working to provide complete coverage of news and updates that matter to conservatives. Updates will be shared as they become available.