North Carolina’s top court struck down a congressional districting plan as excessively partisan under state law.
Chief Justice John Roberts wrote for the court that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.” Former President Barack Obama applauded the outcome. “This ruling is a resounding rejection of the far-right theory that has been peddled by election deniers and extremists seeking to undermine our democracy. And it makes clear that courts can continue defending voters’ rights — in North Carolina and in every state,” Obama said in a statement.
Opponents of the idea, known as the independent legislature theory, had argued that the effects of a robust ruling for North Carolina Republicans could be much broader than just redistricting and could exacerbate political polarization. The question for the justices was whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process.
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