TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 7, 2022

The U.S. Supreme Court took up one of the most closely watched cases of the term today, SCOTUSBlog reports. The case is a Republican-backed appeal of a decision by North Carolina's top court to throw out a map of the state's congressional districts approved by the state legislature. The Republicans are relying on a legal theory called the "independent state legislature" doctrine, which holds the U.S. Constitution gives state legislatures, not state courts, the power over election rules and electoral maps. Politico reports that the justices “struggled to find consensus” about the theory but a “critical bloc … seemed likely to reject the most robust version,” which could “unleash dramatic change in how states oversee elections.”