Daily Docket — Tuesday, June 27
Today, the U.S. Supreme Court dropped its decision in the landmark case Moore v. Harper.
In a big win for democracy, a majority of the Court ruled to reject the radical independent state legislature (ISL) theory. The pro-democracy ruling in Moore originates from what began as a standard redistricting lawsuit challenging North Carolina’s new congressional and legislative maps drawn by the Legislature using 2020 census data. [link removed]
Here’s more analysis about today’s decision.
The opinion resoundingly rejected the specious ISL theory, cementing the power of state courts to review federal election rules and congressional districts passed by state legislatures.
Additionally, today’s ruling indicated that the Court is unlikely to take up an appeal of a lawsuit by Republican legislators out of Ohio that similarly raises the ISL theory.
Currently, Democracy Docket is tracking seven cases in state courts challenging congressional maps and 21 cases in state courts challenging voting laws or procedures under state constitutions or state law. [link removed]
With the Supreme Court’s rejection of the ISL theory, these cases will be able to move forward unimpeded. Importantly, state courts will be able to continue performing the crucial duty of reviewing challenges to congressional redistricting schemes that allegedly violate state constitutions or state law.
In his latest, Democracy Docket founder Marc Elias writes: “Anyone who cares about free and fair elections should rejoice.” Read his reaction to the decision here. [link removed]
Pennsylvania also brought good news for voters.
Earlier today, a Pennsylvania state court rejected a lawsuit from GOP lawmakers seeking to strike down Act 77, a 2019 law that established no-excuse mail-in voting and was originally championed by Republicans. The law will remain in place. [link removed]
Here’s what to expect coming up.
Tomorrow at 9 a.m. EDT, there is a preliminary injunction hearing in a federal lawsuit challenging Florida’s omnibus voter suppression law. [link removed]
Can’t get enough news? You can always find more details about these updates on our News page. [link removed]
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