Dispute over North Carolina congressional districts tees up major elections case at Supreme Court

People gather at a rally at the Supreme Court in Washington in 2019 during its hearings in redistricting cases.Lawrence Hurley

“This ruling by the North Carolina Supreme Court was one more ruling that many of us believed just went beyond the pale of anything we had seen a state court do and really was just a political ruling,” he said, citing other rulings with which he had disagreed. North Carolina House Speaker Tim Moore speaks as Senate Leader Phil Berger listens in Raleigh on Nov. 9.The independent state legislature theory claims state legislatures have the final say over election laws, potentially shielding their actions from state courts. The argument, pushed by conservative lawyers, stems from language in the Constitution that says election rules “shall be prescribed in each state by the legislature thereof.

“The constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules,” conservative Justice Neil Gorsuch wrote when the court declined to weigh in on a 2020 case.

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