Supreme Court Opinion Breakdown On Moore Versus Harper
Moore v. Harper
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Moore v. Harper, 600 U.S. ___ (2023), is a landmark decision of the Supreme Court of the United States related to independent state legislature theory (ISL), a doctrine that asserts state legislatures have sole authority to establish federal election laws without review by state courts or governors. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.[1][2]
Moore v. Harper
Supreme Court of the United States
Argued December 7, 2022
Decided June 27, 2023
Full case name
Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al. v. Rebecca Harper, et al.
Docket no.
21-1271
Citations
600 U.S. 1 (more)
Argument
Oral argument
Questions presented
Whether a State's judicial branch may nullify the regulations governing the "Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof," U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts' own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a "fair" or "free" election.
Holding
The Federal Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections and therefore did not bar the North Carolina Supreme Court from reviewing the North Carolina Legislature's congressional districting plans for compliance with North Carolina law.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
Majority
Roberts, joined by Sotomayor, Kagan, Kavanaugh, Barrett, Jackson
Concurrence
Kavanaugh
Dissent
Thomas, joined by Gorsuch; Alito (Part I)
Laws applied
U.S. Const. art. I, § 4, cl. 1
In June 2023, the Supreme Court ruled in a 6–3 decision that the Elections Clause does not give state legislatures sole power over elections, rejecting independent state legislature theory.
Supreme Court Opinion Breakdown On Moore Versus Harper
Moore v. Harper
Article Talk
Language
Watch
Edit
Moore v. Harper, 600 U.S. ___ (2023), is a landmark decision of the Supreme Court of the United States related to independent state legislature theory (ISL), a doctrine that asserts state legislatures have sole authority to establish federal election laws without review by state courts or governors. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.[1][2]
Moore v. Harper
Supreme Court of the United States
Argued December 7, 2022
Decided June 27, 2023
Full case name
Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al. v. Rebecca Harper, et al.
Docket no.
21-1271
Citations
600 U.S. 1 (more)
Argument
Oral argument
Questions presented
Whether a State's judicial branch may nullify the regulations governing the "Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof," U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts' own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a "fair" or "free" election.
Holding
The Federal Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections and therefore did not bar the North Carolina Supreme Court from reviewing the North Carolina Legislature's congressional districting plans for compliance with North Carolina law.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
Majority
Roberts, joined by Sotomayor, Kagan, Kavanaugh, Barrett, Jackson
Concurrence
Kavanaugh
Dissent
Thomas, joined by Gorsuch; Alito (Part I)
Laws applied
U.S. Const. art. I, § 4, cl. 1
In June 2023, the Supreme Court ruled in a 6–3 decision that the Elections Clause does not give state legislatures sole power over elections, rejecting independent state legislature theory.