PHILADELPHIA (KYW Newsradio) — Many republicans in North Carolina are upset the state Supreme Court threw out the legislature’s map, calling it partisan gerrymandering.
They argue the Constitution gives state legislatures sole authority when it comes to federal elections, what’s been labeled the Independent State Legislature Doctrine.
Villanova law professor Michael Moreland says this argues the Constitution gives sole authority on elections to a state’s Legislature.
“State courts are acting too aggressively to supplant the authority of the legislatures in drawing their own maps, appointing these special masters or commissions,” said Moreland.
Related
Temple University law professor Craig Green says recent Supreme Court rulings haven’t made sense to him.
“The Federal Supreme Court justices think they should be the one to step in and protect the state legislature from the rest of the state government, including state courts and state constitution,” said Green.
Democratic elections attorney Adam Bonin says there are some scenarios where state legislatures could overrule the will of the voters in a presidential election.
“They could theoretically disregard the public vote and adopt their own slate of electors,” said Bonin.
Moreland doesn’t believe that will happen, saying the Supreme Court would most likely say state courts have a right to weigh in on state constitutional authority, or a governor could veto a map. However, if the state court were to draw its own map like Pennsylvania did in 2018, that would usurp the legislature’s authority in the redistricting process. He adds that could also raise some federal constitutional problems.
Related
