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Supreme Court to hear redistricting case that could upend state election laws everywhere

Kevin Dietsch/Getty Images(WASHINGTON) - The Supreme Court announced Thursday it will hear a case this fall that could upend state election laws across the country. Moore v. Harper focuses on a new North Carolina voting map created by court-appointed experts after earlier maps proposed by the Republican-led state legislature were struck down. The North Carolina Supreme Court in February ruled that the maps offered by the state general assembly were partisan gerrymanders, violating free speech, free assembly and equal protection provisions of the state constitution. But the state legislature appealed that decision to the U.S. Supreme Court, which has agreed to take up the issue of redistricting and possibly restore the Republican-drawn map. Central to the petitioners' argument is the so-called "inde­pend­ent state legis­lature" theory a fringe legal concept pushed by a small group of conservative advocates that would give state legislatures broad authority to run fe ....

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Legal Theory Blog: Litman & Shaw on the Independent State Legislature Theory

Leah Litman (University of Michigan Law School) & Katherine Shaw (Yeshiva University - Benjamin N. Cardozo School of Law) have posted Textualism, Judicial Supremacy, and the Independent State Legislature Theory (Wisconsin Law Review, No. 5, 2022) on SSRN. Here is. ....

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