Supreme Court denies GOP bid to give state lawmakers more control over election regulations.

The U.S. Supreme Court Protects Voting Rights

The U.S. Supreme Court recently made a significant ruling, with a 6–3 majority, against North Carolina Republicans. These Republicans argued that state legislatures should have complete authority to establish rules for federal elections without any interference from the courts.

The Independent State Legislature Doctrine

At the heart of the matter is the once-obscure independent state legislature doctrine. Republicans claim that the Constitution explicitly grants state legislatures the sole power to create rules for federal elections within their respective states.

However, Democrats strongly oppose this doctrine, considering it a fringe conservative legal theory that poses a threat to voting rights. They argue that it could lead to extreme partisan gerrymandering during the redistricting process and create chaos in election administration.

Constitutional Clauses and the Court’s Decision

Conservatives rely on two crucial clauses in the U.S. Constitution that outline the regulations for federal elections in the states.

• The Elections Clause in Article 1 states, “The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.”
• The Presidential Electors Clause in Article 2 grants each state the power to appoint presidential electors “in such manner as the legislature thereof may direct.”

However, the Supreme Court rejected this doctrine, asserting that the Elections Clause does not grant exclusive and independent authority to state legislatures for setting rules regarding federal elections.

The Majority Opinion and Dissenting Justices

The majority opinion (pdf) in Moore v. Harper (court file 21-1271) was authored by Chief Justice John Roberts, a member of the court’s conservative bloc. Justices Brett Kavanaugh and Amy Coney Barrett, also conservatives, joined the majority opinion.

Surprisingly, all three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—also supported the majority opinion.

On the other hand, conservative Justices Clarence Thomas and Neil Gorsuch dissented from the majority opinion. Justice Samuel Alito partially joined the dissenting opinion.

Chief Justice Roberts emphasized that while state courts have the authority to apply state constitutional restraints when legislatures act under the power granted by the Elections Clause, federal courts must not abandon their duty to exercise judicial review.