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Cite as: 600 U. S. ____ (2023) 1 KAVANAUGH, J., concurring SUPREME COURT OF THE UNITED STATES _________________ No. 21–1271 _________________ TIMOTHY K. MOORE, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, ET AL., PETITIONERS v. REBECCA HARPER, ET AL. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA [June 27, 2023] JUSTICE KAVANAUGH, concurring. I join the Court’s opinion in full. The Court today correctly concludes that state laws governing federal elections are subject to ordinary state court review, including for compliance with the relevant state constitution. Ante, at 15, 26, 29. But because the Elections Clause assigns authority respecting federal elections to state legislatures, the Court also correctly concludes that “state courts do not have free rein” in conducting that review. Ante, at 26. Therefore, a state court’s interpretation of state law in a case implicating the Elections Clause is subject to federal court review. Ante, at 26–30; see also Bush v. Palm Beach County Canvassing Bd., 531 U. S. 70, 76–78 (2000) (unanimously concluding that a state court’s interpretation of state law in a federal election case presents a federal issue); cf. Democratic National Committee v. Wisconsin State Legislature, 592 U. S. ___, ___, n. 1 (2020) (KAVANAUGH, J., concurring in denial of application to vacate stay) (slip op., at 9, n. 1). Federal court review of a state court’s interpretation of state law in a federal election case “does not imply a disrespect for state courts but rather a respect for the constitutionally prescribed role of state legislatures.” Bush

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Moore v. Harper

Judgment

Question Presented: Whether the Elections Clause of the U.S. Constitution (Article I, § 4, cl. 1)—which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof"—vests exclusive and independent authority in state legislatures to set the rules for federal elections, insulating them from review by state courts applying state constitutional constraints.

Alleged Acts: In 2021, following the 2020 U.S. Census, the North Carolina General Assembly enacted a new congressional redistricting map. A group of North Carolina voters and organizations (led by Rebecca Harper) sued in state court, alleging that the map constituted an unconstitutional partisan gerrymander under the North Carolina Constitution's Free Elections Clause, Equal Protection Clause, and Free Speech Clause. The North Carolina Supreme Court agreed, holding that the map violated the state constitution, and ordered the legislature to draw a new map. When the legislature failed to produce a compliant map, the state court imposed its own remedial map drawn by a panel of trial court judges. The North Carolina legislature (led by Speaker of the House Timothy K. Moore) then petitioned the U.S. Supreme Court, invoking the "independent state legislature" theory—the argument that under the Elections Clause of the U.S. Constitution, state legislatures have exclusive and independent authority to set the rules for federal elections, free from review or override by state courts applying state constitutional provisions.

Procedural history: The North Carolina trial court initially ruled against the plaintiffs, finding that partisan gerrymandering claims were non-justiciable. The North Carolina Supreme Court reversed the trial court, holding that the maps violated the state constitution and ordering remedial maps.

Summary: Moore v. Harper was a landmark constitutional case in which the Supreme Court decisively rejected the "independent state legislature" theory. The theory would have given state legislatures nearly unchecked power over federal election rules, free from state court oversight or state constitutional limits. The Court's 6–3 ruling confirmed that state legislatures, when regulating federal elections under the Elections Clause, remain bound by state constitutions and subject to state judicial review—preserving the system of checks and balances within state governments over the conduct of federal elections.

Conclusion: In a 6–3 decision, the U.S. Supreme Court rejected the independent state legislature theory and affirmed the North Carolina Supreme Court's ruling. Writing for the majority, Chief Justice John Roberts held that the Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections. State legislatures remain subject to the ordinary exercise of state judicial review under state constitutional provisions when prescribing rules for federal elections. The Court relied on historical practice and precedent, particularly Smiley v. Holm, to conclude that the term "Legislature" in the Elections Clause refers to the state's lawmaking apparatus as a whole—including the constraints of the state constitution and the role of state courts—rather than the legislature acting independently of other state institutions.

Legal Issue(s)

Electoral Maps and Districting
Judicial Independence

Applicable Law(s): Elections Clause (Art. I, Section 4) of the United States Constitution, and North Carolina Constitution

Region: Americas

Country: United States of America

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Jun 27, 2023

Geolocation

Latitude: 38.8906

Longitude: -77.0047

: Geolocation

Link: https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf

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Moore v. Harper

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