LWVTX Blog

In a closely watched case, the United States Supreme Court (SCOTUS), on Tuesday, rejected the theory that state legislators controlled the drawing of legislative and Congressional districts without judicial review. Leagues across the country, including here in Texas, filed amicus briefs opposing what is known as the Independent State Legislature Theory and Tuesday, the Court agreed.

Read analysis and the full opinion here.

The case, Moore v. Harper, originated in North Carolina when the state supreme court rejected maps drawn to maximize the number of safe seats for Republicans. During the pendency of the case, personnel on the court changed and the new majority reversed the prior reversal. In the circumstances, there was a good chance that SCOTUS would find the issue was moot and not decide the very controversial matter of independent state legislatures. Given recent decisions from the Court, many were hoping that the Court would declare the matter moot allowing the matter to hang over the 2024 election. So, today’s decision settling the point is all the better.