The Supreme Court is slated to hear arguments in Moore v. Harper on Wednesday, a dispute between voting rights advocates and North Carolina's Republican-controlled General Assembly, which has the potential to increase the power that state legislatures have over voting issues depending on how justices approach the"independent state legislature" theory.
On the other side of the argument, critics of the independent state legislature theory allege a near-complete embrace of the North Carolina GOP's argument could have lasting impacts including depriving constituents of crucial voting rights protections and upending historical understandings of the Constitution.
Hasen tweeted in August that"even under the most muscular reading of the independent state legislature doctrine, courts would not read it to allow a state legislature, after it has allowed voters to vote for president, to retroactively appoint legislators themselves." Earlier this year, conservative Justice Samuel Alito issued a dissent when the high court decided in a preliminary action to allow North Carolina's court-drawn map to be used for the 2022 midterm election and seemingly raised points in conjunction with the independent state legislature theory. Thomas and Justice Neil Gorsuch both joined the dissent.
How can you wrestle with ideas actually enshrined in our founding documents?
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