Moore vs Harper: Independent State Legislature Doctrine (Beau)

Beau, I think in your ire, you forgot to break this thing down for your audience. I think this is how the North Carolina case is laid out:

  • The Constitution allows the state legislature to set up voting districts within the state (essentially).
  • The North Carolina state legislature has proposed a new set of voting districts.
  • North Carolina state law allows the state’s courts to double-check voting district proposals.
  • The North Carolina state supreme court ruled that the new voting districts proposal was gerrymandered to hell and back; the legislature would have to redo it.
  • The state legislature then went to the US Supreme Court, saying that the Constitution allowing state legislatures to set up voting districts also specifically excludes everyone else from getting any say in the process.
  • The North Carolina state legislature wants to the US Supreme Court to override North Carolina’s own laws, and to rule that it is unconstitutional for state court systems to have a say the creation of state voting districts.
  • The US Supreme Court has agreed to hear this case.
    Their ruling will affect all 50 states.

If the US Supreme Court sides with the North Carolina state legislature, then state legislatures will quite literally be able to pick their voters.