SCOTUS’ MOORE v. HARPER DECISION REJECTS NOTION THAT STATE LEGISLATURES HAVE “FREE REIGN” WHEN FACING CONFLICTS WITH FEDERAL LAW
For Immediate Release:
June 27, 2023
Media Contact:
María Gamba, [email protected]
SCOTUS’ MOORE v. HARPER DECISION REJECTS NOTION THAT STATE LEGISLATURES HAVE “FREE REIGN” WHEN FACING CONFLICTS WITH FEDERAL LAW
SCOTUS’ decision upheld the North Carolina ruling that gerrymandered congressional districts violated state law.
Washington, DC – Today, the Supreme Court ruled against Republican lawmakers’ request to reinstate a gerrymandered congressional map in North Carolina. By doing so, SCOTUS officially rejected the “independent state legislature theory”—which would have restricted the power of state courts to review specific election laws—and instead reinforced the ability of state courts to strike down unfair maps and voting laws for violating state constitutions. Furthermore, the decision will permit citizen-led ballot initiatives to continue their efforts to expand voting rights and create redistricting commissions.
Election experts warn that had SCOTUS ruled in favor of the GOP lawmakers’ proposals, the future of U.S. elections could drastically change for the worse. Former President Obama denounced the “independent state legislature theory” as a threat to our system of checks and balances and democracy overall.
Chris Melody Fields Figueredo, Executive Director of The Ballot Initiative Strategy Center issued the following statement:
“Today, the Supreme Court decided to defend democracy and the People’s right to free and fair elections. This ruling reaffirms what we already know—extremist legislators attempting to undermine the will of the people do not have unlimited and unchecked power in our government. This decision is a major win for democracy and upholds our current system of checks and balances, renouncing the notion that state legislators have ‘free reign’ when facing conflicts with federal law.”
“SCOTUS’ rejection of authoritarian power-grabs strengthens our democracy by re-affirming that ‘state peoples & state constitutions are masters of state legislatures.’ In particular, the decision allows the people to continue to use citizen-led ballot initiatives for pro-democracy efforts like fair maps. While this is an important win for protecting democracy across the country, attacks against the legislative process will not cease to exist. At BISC, we are committed to denouncing attacks on elections and supporting our state partners in protecting our right to direct democracy.”