American Democracy Minute | Radio Report & Podcast on Democracy Issues | Moore v. Harper

The American Democracy Minute Radio Report & Podcast for June 29, 2023

Today’s Script

(Variations occur with audio due to editing for time)

Today’s Links now below the script

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We now have a decision in Moore v. Harper, the “Independent State Legislature” theory case which had pro-voter advocates concerned for the future of voting rights. June 28th, the U.S. Supreme Court ruled 6-3 that state courts DO have a say in election law, and that power doesn’t reside exclusively in state legislatures.

Democracy advocates breathed a sigh of relief. The North Carolina legislature contested a 2021 decision by the state’s supreme court to throw out gerrymandered voting maps, claiming the fringe constitutional theory gave the legislature ultimate power over election law. A newly elected state supreme court overturned the 2021 court’s decision, so some thought Moore v. Harper might get dismissed.

Instead, Chief Justice Roberts and Justices Kavanaugh and Coney Barrett sided with the court’s liberals to take on the fringe theory. They ruled the U.S. Constitution does grant state legislatures oversight of elections, but that state courts retain power under the Elections Clause to interpret state constitutionality of those laws. Roberts’ opinion included a role for federal courts to QUOTE, “ensure that state court interpretations of that law do not evade federal law.”

While it protects a tool advocates use to defend fair maps and voting rights, the decision does NOT stop rogue legislatures from partisan gerrymandering, a Pandora’s box the court opened in 2019.

We have early analysis at AmericanDemocracyMinute.org. I’m Brian Beihl.

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Today’s Links

Articles & Resources:

U.S. Supreme Court – Decision in Moore v. Harper “Independent State Legislature Theory” Case

Democracy Docket – Breaking Down the Supreme Court’s Opinion Rejecting a Fringe, Undemocratic Theory

SCOTUS Blog – Supreme Court rules against North Carolina Republicans over election law theory

Common Cause – Post-Decision Press statement

Politico – Supreme Court crushes plan to scramble partisan map-making

Associated Press – Supreme Court rejects GOP in North Carolina case that could have reshaped elections beyond the state

Groups Taking Action:

Common Cause NC, NC League of Conservation Voters , Campaign Legal Center, Brennan Center for Justice