Takeaways from Moore v. Harper, the historic Supreme Court arguments on election rules – By Tierney Sneed and Ariane de Vogue (CNN) / Dec 7, 2022
CNN — Arguments in the Supreme Court’s blockbuster election rules case played out for more than three hours on Wednesday as the justices examined claims from the North Carolina GOP legislature, which argues that state constitutions and state courts have little or no authority to impose limits on how state legislatures craft their rules for federal elections.
The controversial “independent state legislature” theory is being used by Republican lawmakers to argue that state courts could not redraw the congressional map the legislature sought to enact in 2021.
A version of theory was promoted by allies of former President Donald Trump during their attempts to overturn the 2020 presidential election.
Wednesday’s case arises out of dispute over whether the congressional map was a partisan gerrymander so extreme that it ran afoul of the state’s constitution. But it has implications for all kinds of election rules and the ability of state courts to interpret them.
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