Tuesday, June 27, 2023

U.S. Supreme Court crushes the Independent State Legislature Theory


This is the majority opinion itself, penned by Roberts, and signed by Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson. Although the North Carolina Supreme Court eventually reversed its ruling (after an election changed the balance on that court), it did not restore the gerrymandered maps. Therefore, the U.S. Supreme Court ruled that the case is not moot. Judicial review by state supreme courts pre-dates Marbury v. Madison, and the elections clause of the U.S. Constitution does not carve out an exception to that basic feature. The Court found precedent for considering federal election laws by state legislatures to be subject to the usual checks and balances.

Charlie Cooper

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