The case of Moore v.Harper will be heard by the Supreme Court in October.
Should the Court rule in North Carolina's favor, the ruling would reduce voter oversight on state legislatures and likely affect the outcome of various statewide political races.
Republicans drew congressional maps in North Carolina after the 2020 census. The maps were challenged in court by Democrats and nonprofits who argued the districts were unfairly gerrymandered in favor of Republicans.
The districts were redrawn after the North Carolina Supreme Court blocked the state from using the maps in primaries.
Does our state constitution give the people of this state the power to choose who governs us by giving each of us an equally powerful voice through our vote? They argue that our constitution gives members of the General Assembly unlimited power to draw electoral maps that keep them in office as long as they please. The majority opinion of the supreme court was written by Justice Robin Hudson. The equal power of each person's voice in the government is guaranteed by the Declaration of Rights.
The United States Supreme Court denied Republican state lawmakers' request to stop the state's order to draw new maps.
Three justices dissented from the denial. The independent state legislature doctrine was an important question for the court to resolve according to the justices.
The new maps were used in the state's primary election.
The Speaker of the North Carolina House of Representatives asked the United States Supreme Court to review the case.
The case will be heard in the Supreme Court session in October.
The legal theory called "independent state legislature doctrine" suggests that only the legislature has the power to regulate federal elections, without interference from state courts.
The legal experts wrote of the case in an opinion piece for The Washington Post. It would do so at a time when voting rights are being attacked.
Provisions in state constitutions that prevent lawmakers from influencing elections would be rolled back under the most strict reading of the doctrine. State courts would not be able to challenge gerrymandered districts or reverse anti-democratic laws if the governor lost his veto power.
The Brennan Center for Justice said that the case could make it easier for state legislatures to suppress the vote.
The legal theory has been endorsed by several Supreme Court justices. The country's highest court was prevented from weighing in on partisan state issues including gerrymandered election maps due to previous legal precedent.
The Court's upcoming decision could roll back efforts to combat gerrymander in battleground states and give state legislatures control over how federal elections are conducted.
Richard Hasen, an election law expert, said that the case could change the relationship between state legislatures and state courts. The path for election subversion could be provided by it.
The Supreme Court's decision to hear the case is a judicial coup.
The Court is signaling they will come for the Presidential election next if the President and Congress don't restrain the court now. All of our leaders must be aware of the Constitutional crisis.
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