Boyd Carter
No matter how it is ruled, the U.S. Supreme Court is debating a significant election case that will have a significant impact on the 2024 election.
The “independent state legislature theory” is a constitutional idea that is the center of the North Carolina case. Supporters contend that state legislatures have a significant amount of power to oversee the conduct of federal elections in their individual jurisdictions with little interference from state courts or governors.
The Moore v. Harper case, which particularly addresses the theory, is now being debated by the supreme court. There are worries that the court might not resolve the issue completely in time for the forthcoming 2024 elections.
Quoting again from the article;
“In an earlier interview with the Examiner, Jason Snead of the Honest Elections Project warned that if the theory were to be rejected, it may “leave the door wide open to the Left’s anti-democracy campaign, which has saturated the courts with politicized lawsuits and introduced chaos to our elections.””
Quoting again from the article;
“NBC added in its report: “The independent state legislature theory has been embraced by supporters of former President Donald Trump, who cited it in various cases during the 2020 presidential election and its aftermath. The case, which could have a broad impact on an array of election issues, is being closely watched for its potential impact on the 2024 presidential election.””
Quoting again from the article:
““The independent state legislature argument hinges on language in the Constitution that says election rules ‘shall be prescribed in each state by the legislature thereof,’” NBC News reported. “Supporters of the theory, which has never been endorsed by the Supreme Court, say the language supports the notion that, when it comes to federal election rules, legislatures have ultimate power under state law, potentially irrespective of potential constraints imposed by state constitutions.””
Quoting from the article:
“According to The Washington Examiner:
“Moore v. Harper features a dispute over North Carolina’s Supreme Court dismissing a GOP-backed apportionment plan for being too partisan.
Republicans filed a challenge to the high court, but then conservatives managed to regain control of the state Supreme Court. The now-5-2 Republican-majority court subsequently opted to rehear the redistricting case. The court scraped its prior ruling late last month, which was the underpinning of the Moore v. Harper case pending before the Supreme Court.”