US Supreme Court Credit: supreme.justia.com

Scheduled for argument in December, Moore v. Harper concerns the ability of state courts to enforce state constitutions and state laws in elections. Many are sounding the alarm that the decision could have a monumental effect on elections for years to come.

In the case Moore v. Harper, the U.S. Supreme Court will not only examine congressional redistricting in North Carolina — it will also be examining a far-right legal idea known as the independent state legislature doctrine. In its most severe form, the ISL, also known as ISLT, argues that only state legislatures should govern elections at the state level.

Former Secretary of State and First Lady Hilary Clinton attempted to warn the American people of the possible consequences back in October.

The issue in Moore v. Harper is whether the Constitution gives state legislatures the exclusive power to determine the “manner” of congressional elections, unconstrained by state constitutions. Under the independent state legislature theory advanced by North Carolina Republican legislators and their conservative allies, it does.

Because state constitutions often provide greater protection of voting rights […]

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