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Category: Moore v. Harper – Independent State Legislature Theory

Once Again, the North Carolina Legislature Finds Itself in Court for Racial Gerrymandering

June 18, 2025June 18, 2025
The North Carolina legislature once again finds itself in federal court for two racial gerrymandering cases in a trial beginning June 16th.  Voters and three pro-voter groups accuse GOP leaders of violating the 14th and 15th Amendments to the U.S. Constitution, and the 1965 Voting Rights Act.  
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Michigan GOP’s ‘Independent State Legislature Theory’ Case Rebuffed by U.S. Supreme Court

May 22, 2025May 22, 2025
The “Independent State Legislature Theory” met a skeptical U.S. Supreme Court in 2023 in Moore v. Harper, a North Carolina gerrymandering case. The Michigan GOP tried to employ the fringe theory to undo Michigan’s Question 2 citizen initiative, but the U.S. Supreme Court refused the case May 19th.
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Federal Court of Appeals Throws Out GOP Legislator Challenge to Michigan’s Prop 2 Pro-Voter Reforms.  But Sleep with the Light On.

January 2, 2025January 2, 2025
In November 2022, Michigan voters passed a constitutional amendment enshrining voting protections and expanding ballot access. After the legislature implemented the voters’ directive, GOP legislators sued, claiming that only the legislature could make such changes. Their suit was just thrown out.
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Look for 2025 Conservative Challenges to a ‘Private Right of Action’ for Voting Rights Cases, Attempting to Dismantle the Voting Rights Act

December 26, 2024December 26, 2024
A 2023 decision in an Arkansas redistricting case found individual voters did not have a “private right of action” to challenge the maps. The State of Louisiana tried the same tactic in its chaotic gerrymandering case, but was refused on June 24th. Be looking for another challenge in 2025.   
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Updates on Important Pennsylvania, Nevada and Georgia Voting Rights Decisions and Appeals Just Days Before the Election

October 29, 2024October 29, 2024
We have important updates for three consequential voting rights cases we’ve been following in Pennsylvania, Nevada and Georgia, just a week before the November 2024 election. 
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