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Supreme Court accepts historic case that could reshape powers of legislatures to set election rules

Case was brought by North Carolina's GOP House speaker

Published: June 30, 2022 11:01am

Updated: June 30, 2022 11:47am

The Supreme Court agreed Thursday to hear a major election case regarding North Carolina GOP lawmakers having the authority to draw a partisan election map without state judges' interfering.

The decision could impact future congressional and presidential elections. The high court will take up the case when its next term begins in October.

The, case of Moore vs. Harper, asks the court to uphold the concept – known as the "independent state legislature" theory – that state legislators have the sole and "independent" authority to set rules for federal elections in their states, without interference or oversight by the governor or the state judges.

North Carolina GOP House Speaker Timothy Moore asked the high court to consider the case on appeal of his own state Supreme Court’s decision earlier this year to strike down the theory relating to a gerrymandering case.

Critics of the theory argue that it would reduce judicial oversight of election rules.

The theory "would give state legis­latures wide author­ity to gerry­mander elect­oral maps and pass voter suppres­sion laws," according to the liberal-leaning Brennan Center for Justice think tank.

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