The decision was 6-3, with Roberts writing for the majority.
You know who the two were, and the third was Gorsuch.
It’s hard to overstate the importance of this outcome. “This is the single most important case on American democracy, and for American democracy, in the nation’s history,” Judge Luttig said last fall. Today, the Court rejects Trump’s radical theory. A win. https://t.co/fh71CETHDs
— Joe Scarborough (@JoeNBC) June 27, 2023
The Supreme Court on Tuesday rejected the theory that state legislatures have almost unlimited power to decide the rules for federal elections and draw partisan congressional maps without interference from state courts.
The Constitution’s Elections Clause “does not insulate state legislatures from the ordinary exercise of state judicial review,” Chief Justice John G. Roberts Jr. wrote in a 6 to 3 decision.
Under the theory advanced by North Carolina’s Republican legislative leaders, but rejected by the court, state lawmakers throughout the country would have had exclusive authority to structure federal elections, subject only to intervention by Congress.
The “independent state legislature theory” holds that the U.S. Constitution gives that power to lawmakers even if it results in extreme partisan voting maps for congressional seats and violates voter protections enshrined in state constitutions.
But Roberts wrote that was wrong, within limits.
“Although we conclude that the Elections Clause does not exempt state legislatures from the ordinary constraints imposed by state law, state courts do not have free rein,” he wrote. State courts “may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.”
Roberts’s opinion was joined by Justices Sonia Sotomayor, Elena Kagan, Brett M. Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson.
With my entire chest, you will never convince me that if the 2022 Elections hadn’t gone the way that they did that this case wouldn’t have gone the other way.
This was the entire plan to STEAL THE 2024 ELECTION FOR THE REPUBLICAN PARTY.
But, I digress.
We await further rulings.
These are my views on the victory today in Moore v. Harper. pic.twitter.com/Autajwd3Ho
— Neal Katyal (@neal_katyal) June 27, 2023
Democracy was on the docket and it won.🥳https://t.co/iJ4OindEKe
— Marc E. Elias (@marceelias) June 27, 2023
Today, the Supreme Court rejected a fringe, far-right assault on a sacred pillar of American Democracy: the right to vote.
With its ruling in Moore v. Harper, the Court refused the MAGA Republicans’ radical theory and reaffirmed our Founders’ vision of checks and balances.
— Nancy Pelosi (@SpeakerPelosi) June 27, 2023
Today, the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.
— Barack Obama (@BarackObama) June 27, 2023