At the heart of the case is an idea gaining support among conservatives, known at independent legislature theory: the notion that state legislatures have the sole power to set the rules for elections and their decisions cannot be reviewed by state courts.
Republican legislators are challenging a state Supreme Court ruling that threw out the legislature’s map for redrawing congressional district boundaries following the latest census. The court said the map was excessively partisan and violated the state constitution by failing to reflect North Carolina's general political party makeup.
State Republicans, led by House Speaker Timothy Moore, argue that the elections clause of the U.S. Constitution gives them sole authority to decide issues such as redistricting, pointing to the provision that says the manner of federal elections “shall be prescribed in each State by the Legislature thereof.”
State courts cannot impose their own policy determinations about the extent to which partisan considerations affect redistricting, they said, nor can they second-guess the legislature about such issues as curbside voting and the deadline for receiving mail-in ballots.
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