Supreme Court nears decision on redistricting case.

The U.S. Supreme Court May Issue Opinion on High-Profile Case

Republicans Argue for State Legislatures’ Power to Regulate Federal Elections

The U.S. Supreme Court is currently deliberating on a high-profile case that could have significant implications for federal elections. Republicans are arguing that state legislatures should have the power to regulate federal elections without interference from state courts, as mandated by the U.S. Constitution.

Many legal observers believed the case was dead after a state supreme court overturned the ruling being appealed. However, the U.S. Supreme Court recently indicated that it wants to hear from opposing litigants and U.S. Solicitor General Elizabeth Prelogar, the Biden administration’s top lawyer at the Supreme Court.

The case, Moore v. Harper, centers around the independent state legislature doctrine, which Republicans argue gives state legislatures the sole authority to make rules for federal elections in their respective states. Republican Tim Moore, speaker of the North Carolina House of Representatives, is asking the Supreme Court to recognize this authority and prevent state courts from interfering in the process.

At issue is an order by the then-Democratic-dominated Supreme Court of North Carolina, which redrew the state’s electoral map against the wishes of the Republican-majority legislature. The state court found the legislature-approved map unlawfully disfavored Democratic Party voters.

Republicans currently represent seven of the state’s U.S. House districts, while Democrats represent the other seven. The legislature’s map would allow Republicans to increase their representation, according to some political analysts.

The Elections Clause in Article I of the U.S. Constitution states that “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof[.]” Republicans argue that this clause gives state legislatures the ultimate authority to regulate federal elections in their states.

The U.S. Supreme Court heard oral arguments on December 7, 2022, and is now deliberating on the case. Stay tuned for updates on this important issue.

Key Points:

• Republicans argue for state legislatures’ power to regulate federal elections
• Case centers around the independent state legislature doctrine
• Republicans want to prevent state courts from interfering in the process
• U.S. Supreme Court heard oral arguments on December 7, 2022
• Stay tuned for updates on this important issue