Moore v. Harper

The Court rejected the independent state legislature theory, holding state constitutions and courts constrain legislatures in federal elections.

Overview

North Carolina legislators argued that the Elections Clause makes state legislatures virtually unconstrained by state courts when drawing congressional maps. Chief Justice Roberts, for a 6-3 majority, held that state legislatures exercise state authority subject to state constitutional limits, federal judicial review, and congressional regulation, rejecting the theory advanced after the 2020 election disputes. The decision preserved the traditional system of state court review of election rules while cautioning against extreme state court departures from ordinary election law. Moore resolved a major structural question about who controls federal election rules.