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Neighbors on Call’s NC Policy Update for 12/12/22

Fair Representation

  • Oral arguments in the gerrymandering case Moore v. Harper took place at the United States Supreme Court on Wednesday. Lawyers for Republicans in the NCGA argued for the so-called “independent state legislature theory,” claiming that state courts should not be able to overturn election rules set by state legislatures for federal elections. Opposing lawyers emphasized that the Supreme Court’s accepting the independent state legislature theory would represent a radical departure from precedent and could risk state guarantees of fair elections. With the three liberal justices certain to reject the Republicans’ arguments and four conservative justices previously seeming open to the independent state legislature theory, the decision is likely to come down to Chief Justice John Roberts and Justice Amy Coney Barrett, both of whom expressed skepticism about the theory during the oral arguments. You can find a full transcript of the oral arguments here.


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