The Supreme Court will be hearing the case of Moore vs. Harper, brought by North Carolina’s Republican state House speaker. He is challenging the State Supreme Court’s decision to reject the congressional maps, drawn by the legislature and replace it with their own map. But, this case has consequences that go far beyond congressional maps. This case will decide if leftist judges and the executive branch can overrule the state legislature in writing election law.
The timing will be important, although the decision would normally come by next June, that decision could possibly come by fall since it could affect the midterm elections and there would be no way to appeal after the election even if the decision next year goes in their favor. And it is probable that the plaintiffs will win since the constitution clearly gives the responsibility of running elections up to the state legislature.
The U.S. Supreme Court on Thursday agreed to hear a case next term to potentially bolster the elections power of state legislatures.
The high court announced it would take up the case, known as Moore vs. Harper, brought by North Carolina’s Republican state House speaker who has challenged the state Supreme Court’s decision to dismiss the legislature’s congressional maps that would have given the party an advantage through partisan gerrymandering.
The North Carolina Supreme Court in February ruled that the legislative maps, which gave Republicans as many as 11 safe districts compared to just three for Democrats, violated the state’s constitution in a 4-3 decision.
In March, the U.S. high court turned back efforts by Republicans to nullify new congressional maps approved by state court for this year’s midterm elections.
The left is in a panic because they were able to pull off a coup in 2020 by using activist judges and corrupt state officials such as Brad Raffensperger in Georgia and Mark Brnovich in Arizona to circumvent state laws. In Georgia, the corrupt Raffensperger signed an agreement with Hillary Clinton lawyer, Marc Elias to use drop boxes in the state, even though the law does not make provisions for them and they were not approved by the legislature.
The Pa. Supreme Court ruled that incomplete ballots could be counted and that ballots could be accepted up to three days after the election even though it violated the law.
The far-left Guardian reported.
The case, Moore v Harper, involves a dispute over North Carolina’s congressional districts. At the heart of the case is what has come to be known as the independent state legislature theory (ISL) – the idea that state legislatures cannot be checked by state supreme courts when it comes to setting rules for federal elections, even if the legislature’s actions violate the state’s constitution. It’s an idea that three justices – William Rehnquist, Clarence Thomas and Antonin Scalia – mused about in Bush v Gore, but has gained little traction since. The decision to hear the case immediately raised serious alarm from experts, who say the idea is anti-democratic and is antithetical to federalism and the separation of powers at the heart of American government.