Friend – In a 6-3 decision this morning, the Supreme Court ruled in Moore v. Harper that state legislatures do not have the power to ignore their own state constitutions while making rules for federal elections. Today's ruling confirms the important role of state courts and state constitutions in ensuring fair elections and protecting the right to vote for all. Moore v. Harper was a test of the so-called "independent state legislature theory" – as North Carolina's Republican legislators argued that the state's highest court could not invalidate their partisan gerrymander, because only their legislature had the power to set state rules for federal elections, with no oversight from state courts. And let's be clear: The Supreme Court was right to reject this theory – and they did so forcefully today. The system of checks and balances built into our government is fundamental. Rogue legislatures don't get to have sole dominion over federal elections. They don't get to ignore the law. That is why the ACLU, ACLU of North Carolina, Rutherford Institute, and Niskanen Center filed an amicus brief in this case arguing this misbegotten theory flunked all of the traditional modes of constitutional analysis. And that is also one of the many reasons why we will continue to push forward and protect equal voting power across this country every single day. We'll be here to fight for your rights in the courts and across the country – as we head toward the 2024 election and far beyond. That is our ongoing promise to all voters and all people in this country – and we cannot thank you enough for being in this critical fight with us. More soon, The ACLU Team |
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