U.S. Supreme Court,
Government
Jul. 8, 2022
State legislatures could end up with electoral process control
The case tests the power of state legislatures to set the rules for federal elections without state court oversight. It has the potential to further shut the door to judicial review of redistricting voter challenges by state courts.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
On June 30, the Supreme Court accepted Timothy Moore’s petition for certiorari in Harper v. Moore (21-1271). Moore is the Speaker of the Republican controlled North Carolina House of Representatives. The case, which is scheduled to be argued this fall, has the potential to change election law in the United States by insulating state legislature decisions on gerrymandering from judicial challenge under state law through the legal theory of the “independent state legisl...
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