Up until a few hours ago, I had no idea what the Independent State Legislature theory was, nor did I care.
Then I read that the SCOTUS will hear what’s been described as a “high-stakes case.” Our Supreme Court will hear North Carolina’s Moore v. Harper case when they hear cases this next October.
OK, so what’s Moore v. Harper, and why should I give a damn?
Glad you asked. The barebones answer: What the Democrats did in the 2020 presidential election… if the SCOTUS rules in favor of the North Carolina GOP, the Jackass Party will play hell pulling another 2000 Mules scenario.
Just me, but I believe that reporter Matthew Wilson of the Washington Examiner explains it best (emphasis mine);
The Supreme Court announced Thursday that it would take up a widely anticipated elections case that has the potential to upend state courts’ ability to regulate federal elections.
The high-stakes case, Moore v. Harper, centers on a dispute over North Carolina’s congressional map, which was thrown out by the state’s Supreme Court after judges found that new redistricting lines enacted by Republican state legislators amounted to unconstitutional partisan gerrymandering. While a new map more favorable to Democrats was subsequently imposed by state courts, GOP lawmakers sued, alleging that the state’s high court had no right to overturn the North Carolina General Assembly’s map.
Moore will provide an opportunity for the Supreme Court to weigh in on a contentious constitutional theory known as the independent state legislature doctrine, which argues that only state legislatures have authority over the administration of federal elections in their states. Often promoted by conservatives, the doctrine is based on a strict interpretation of the Constitution’s elections clause, which says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
