Supreme Court rejects independent state legislature theory: What it means for redistricting

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In a 6-3 decision authored by Chief Justice John Roberts, the Supreme Court on Tuesday ruled against North Carolina’s Republicans, saying state lawmakers do not have sole authority to set rules for federal elections without interference from state judges.

“When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review,” he wrote. “State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the elections clause.”The decision will make it harder for the dominant political party to gerrymander district voting maps to lock in control of most of the seats.

But Republican lawmakers argued that the U.S. Constitution sets a different rule for elections of federal officials. They pointed to the clause that says the “Times, Places and Manner” of electing senators and representatives “shall be prescribed in each State by the Legislature thereof.” All the states have adopted laws that say their electors will be chosen based on the outcome of the popular vote in the state.

The issue came before the Supreme Court last year in a dispute over partisan gerrymandering by Republican state legislators in North Carolina. They drew a voting map that would have given the GOP a clear edge in 10 of the state’s 14 districts for electing U.S. representatives. The high court agreed to hear their appeal and the justices sounded closely split when they heard arguments in December.

 

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