Moore v. Harper
Overview
Overview
The independent state legislature theory holds that when a state legislature draws federal congressional maps or sets federal election rules, it's acting under Article I and state courts have no power to review those decisions, not even under the state's own constitution. If prevailing, gerrymandered maps and suppressive election laws could have been insulated from state court challenge entirely. The Supreme Court rejected it 6-3, with Chief Justice Roberts writing that state courts retain authority to apply state constitutions to state legislatures, even in the federal election space.
The Conclusion
Conclusion
The Court rejected the independent state legislature theory 6-3. State courts retain authority to apply state constitutions to state legislatures, even in federal elections. Chief Justice Roberts wrote for the majority.
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