The Supreme Court is taking up a case with the potential to fundamentally reshape elections for Congress and the presidency.
WASHINGTON -
The Republicans are advancing a concept called the independent legislature theory, never before adopted by the Supreme Court but cited approvingly by four conservative justices. The North Carolina state Supreme Court struck down districts drawn by Republicans who control the legislature because they heavily favored Republicans in the highly competitive state. The court-drawn map used in last month’s elections for Congress produced a 7-7 split between Democrats and Republicans.
Chief Justice John Roberts, writing for the court and joined by four other conservative justices, noted that state courts remained open. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” Roberts wrote, in an opinion joined by Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas.
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