This is a final update on this case which was discussed in prior articles referenced below.

League of Women Voters of Alachua County

Advocates watched with trepidation while arguments were made before the Supreme Court of the United States (SCOTUS) in Moore v. Harper. Even conservative jurists warned about the risk this case posed for the future of democracy in America. SCOTUS accepted the case at the request of the State Legislature when the highly gerrymandered congressional map they passed after the 2020 census was overturned by the Supreme Court of North Carolina (SCONC). The SCONC ordered a new map be drawn by non-partisan experts for use in the 2022 election. The Legislature argued that the US Constitution granted them absolute authority to make decisions on the congressional map without interference from the Court. This position is referred to as the Independent State Legislative Theory. (1)

North Carolina Supreme Court Justices are selected by the voters and after the 2022 election the majority of Justices were Republicans. Shortly after the new Justices were sworn in they agreed to the Legislative request to rehear the case. The Legislature’s argument in this case was that the North Carolina Constitution does not prohibit political gerrymandering. In April the SCONC announced their verdict in favor of the Legislature, which was given approval to redraw the congressional map to favor Republicans. (2)

The reversal of the decision by the SCONC left Americans wondering if SCOTUS would rule on the case since the basis of the appeal was moot. Advocates of democracy were relieved when on June 27, by a 6 to 3 vote, it ruled definitively against the Independent State Legislative Theory. SCOTUS validated the authority state constitutions and courts have over redistricting. The opinion was crafted by Chief Justice Roberts who wrote, “The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review”. He added, “A state legislature may not 'create congressional districts independently of the state constitution…'” (3)

Although SCOTUS did not have to rule on Moore v. Harper, it was important that they did because otherwise the issue was bound to reemerge. The Independent Legislative Theory was the basis for the “false electors” scheme being promulgated to keep the prior president in office. Former President Trump’s supporters were encouraging state legislators to appoint “alternate” slates of electors in states which had certified the election for Biden, who had won the popular vote. (4) It was a relief that SCOTUS, even though dominated by “textualists”, ruled in favor of protecting our democratic republic. (5)