Moore v. Harper

In Moore v. Harper, North Carolina Republican legislators led by Timothy K. Moore challenged a state supreme court ruling that struck down their congressional redistricting map as an unconstitutional partisan gerrymander. They argued the U.S. Constitution's Elections Clause gives state legislatures exclusive authority over federal election rules, immune from state judicial review—the "independent state legislature theory." The U.S. Supreme Court, in a 6-3 decision authored by Chief Justice John Roberts, rejected this theory, holding that state courts may review state laws governing federal elections under ordinary state constitutional principles. The Court affirmed that federal courts can review whether state courts exceed their authority. This ruling preserved judicial checks on state legislatures in federal election matters.

The Supreme Court rejected the independent state legislature theory; it held that state courts may exercise judicial review of state laws governing federal elections, while federal courts may ensure state courts do not exceed state law limits.

Whether the Elections Clause bars state courts from reviewing state legislatures' congressional redistricting decisions, specifically the validity of the independent state legislature theory.

The decision preserved the role of state courts in checking partisan gerrymandering and safeguarding state constitutional protections in federal elections, with significant implications for redistricting and election administration ahead of 2024.