The court declined to invoke for the first time the “independent state legislature” theory.
Opponents of the idea, known as the independent legislature theory, had argued that the effects of a robust ruling for North Carolina Republicans could be much broader than just redistricting and could exacerbate political polarization.
The justices heard arguments in December in an appeal by the state’s Republican leaders in the legislature. Their efforts to draw congressional districts heavily in their favor were blocked by a Democratic majority on the state Supreme Court because the GOP map violated the state Constitution. in last year’s midterm elections in highly competitive North Carolina.
Former federal judge Michael Luttig, a prominent conservative who has joined the legal team defending the North Carolina court decision, said in the fall that the outcome could have transformative effects on American elections. “This is the single most important case on American democracy — and for American democracy — in the nation’s history,” Luttig said.
During nearly three hours of arguments, the justices seemed skeptical of making a broad ruling in the case. Liberal and conservative justices seemed to take issue with the main thrust of a challenge asking them to essentially eliminate the power of state courts to strike down legislature-drawn, gerrymandered congressional district maps on grounds that they violate state constitutions.
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