Supreme Court rules against North Carolina GOP in congressional map fight

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Supreme Court rules against North Carolina GOP in congressional map fight
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SCOTUS affirmed a decision by North Carolina's top court but rejected the so-called independent state legislature theory at issue in the case. The 6-3 decision held that the elections clause 'does not insulate state legislatures from...judicial review.'

A group of Republican lawmakers from North Carolina argued that the theory barred the state's high court from setting aside congressional maps drawn by the state's legislature.The 6-3 majority decision in Moore v. Harper held that the elections clause"does not insulate state legislatures from the ordinary exercise of state judicial review."

In April, the recently formed conservative majority on the North Carolina Supreme Court overturned a previous ruling done under a Democratic-majority that disallowed partisan gerrymandering, allowing Republicans in the state to redraw the state's congressional lines in a way that heavily favored the GOP.

Proponents of the theory, which has never been embraced by the Supreme Court, argued that it supports the notion that legislatures have ultimate power under state law when it comes to setting election rules. Elias Law Group Partner Abha Khanna, the counsel of record for the Harper plaintiffs in the Moore case, called the decision a"resounding victory for free and fair elections."

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