CASE ALERT: This Wed., Dec. 7, the Supreme Court will hear argument in a case called #MoorevHarper. The case is based on how North Carolina congressional districts were drawn but it's also of national import. In fact, it might be the singular case to fully unravel our democracy.
Moore v. Harper involves a complicated sounding theory called ISLT or the “independent state legislature theory”, which is another way of saying that state legislatures—and not state courts--should be the final decider of whether a state’s election laws are constitutional.
This theory—that state legislatures are independent and final decisionmakers--would upend the U.S. Constitution’s carefully constructed system of checks on governmental and majoritarian abuses of power.
In fact, if the Supreme Court were to adopt this misinterpretation of the constitution, state courts and state constitutions would be powerless to prevent state legislatures from entrenching power to serve narrow partisan interests and effectively silence the voices of voters.
In our brief, we lay out the hypocrisy of such an outcome, following the Supreme Court’s recent ruling that state courts-not fed courts—have the power to limit the anti-democratic excesses of partisan gerrymandering. This case will test the truth of the Court’s intentions.
I invite you to read our brief in Moore v. Harper to learn more about what's at stake for our democracy: bit.ly/3Ha3goB
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