The Supreme Court Just Dropped a Big L on Partisan Gerrymandering

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OPINION | On Tuesday, the much-dreaded Supreme Court ruling in Moore v. Harper came down… and the result is not the democratic doomsday many had feared.

, the partisan balance of the North Carolina Supreme Court had flipped. The newly Republican majority promptly overturned the previous ruling, apparently making the pending federal case moot.

Proceeding to the merits, the majority opinion comprehensively trashes ISL from top to bottom. This ruling does not, as some expected, adopt a watered-down toothless version of ISL as a form of compromise . Instead, the Court has definitively rejected the whole premise that the Elections Clause places state legislatures outside of state constitutional constraints.

There is no real indication that the authors and ratifiers of the Constitution understood the Elections Clause this way, and it conflicts with much of what they did say. Indeed, shortly thereafter, state constitutions began adopting provisions imposing restraints on what their legislatures could do as to federal elections. The role of nascent state courts striking down state laws was favorably cited at the Constitutional Convention as a model for the federal judiciary to emulate.

 

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