In a 6-3 decision, the U.S. Supreme Court rejected the “independent state legislature theory” in Moore v. Harper.
The case stems from North Carolina’s most-recently drawn congressional map, which was argued to be racially gerrymandered. The North Carolina Supreme Court had ruled that the map was in violation of the state’s constitution, but others argued that the independent state legislature theory allowed the map to be valid. This theory asserts that state legislatures have sole authority to establish federal election laws without review by courts or governors.
Secretary of State Jocelyn Benson issued a statement on the Supreme Court’s decision, stating it was a “victory for Michigan’s citizen-led and voter-enacted independent redistricting process”.