WaPo: “The Supreme Court agreed last week to hear a case that could fundamentally change this country’s democracy — by making it less of one.
The decision to hear Moore v. Harpercould lead to an erosion of voting rights and an increasing likelihood of election interference. At issue is a North Carolina Supreme Court case holding that the state’s constitution precludes severe partisan gerrymanders; the argument the petitioners make is that state courts shouldn’t have any role in overruling federal election rules put into place by state legislatures. This so-called independent state legislature theory has found little sympathy from scholars but appears to have garnered more affection from the current slate of conservative justices — four of whom have suggested they are at least willing to entertain the idea. The consequences of such a ruling would be tremendous.”