SCOTUS: Moore v Harper - gerrymandering

Issue before or regarding the Supreme Court of The United States

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The U.S. Supreme Court is deliberating Moore v. Harper, which considers whether state legislatures should have the ultimate authority for drawing congressional district boundaries.
In Moore v. Harper, the North Carolina Supreme Court threw out a redistricting map created by the Republican-controlled legislature that likely would have resulted in the GOP winning at least 10 of 14 congressional seats in the 2022 election. The court-imposed map resulted in the parties evenly splitting the 14 seats. Meanwhile, state courts threw out an equally partisan map favoring Democrats in New York and other maps in Alaska, Maryland and Ohio.

Although the U.S. Supreme Court refused to block the state court-imposed North Carolina map for 2022, Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas have indicated sympathy for the idea that state legislatures, not state courts, should have ultimate authority in these instances.

Section 1 of Article I of the U.S. Constitution assigns responsibility for regulating congressional elections to the state legislatures, subject to laws made by Congress. Now North Carolina Republicans are asking the Supreme Court to effectively prohibit state courts from reviewing legislatures’ redistricting decisions.

They might defer on the case not issue a ruling at all, but this is an issue that has big implications for elections.
WASHINGTON -- The Supreme Court released a decision on a major election law case, upholding a North Carolina ruling that congressional districts violated state law, a repudiation of the controversial "independent state legislature" theory.


The Supreme Court rejected the radical argument brought forward in the controversial case of Moore v. Harper that state legislatures have the sole power to draw congressional district maps and set election law.


Nov 14 (Reuters) - Legal battles over redistricting could lead to new congressional maps in nearly a dozen U.S. states for the 2024 election, potentially flipping control of the U.S. House of Representatives, which currently has a 221-213 Republican majority.

The two parties are fighting over maps that were redrawn after the 2020 U.S. Census. Democrats have already picked up one likely seat, in Alabama, and could gain about a dozen more if all the cases are decided in their favor, while Republicans could pick up some four seats if all the rulings went their way. Meanwhile, Democrats face a significant risk of losing their 51-49 Senate majority.

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