On Wednesday, Dec. 7 at 10 a.m. EST, the U.S. Supreme Court will hold oral argument in Moore v. Harper, a landmark case out of North Carolina that gives the Court the opportunity to review the fringe independent state legislature (ISL) theory. Earlier this year, the North Carolina Supreme Court overturned the congressional map drawn by the state Legislature for being a partisan gerrymander that violated the state constitution. North Carolina Republican legislators appealed this decision to the U.S. Supreme Court, arguing that under the ISL theory the state Legislature can’t be constrained by the state constitution when regulating federal elections. The Court could let North Carolina Republicans get away with unfair gerrymanders — and possibly give state legislatures unchecked authority over federal elections at the same time.
This case could have devastating ramifications for American democracy. That’s why we’ve put together resources to help you understand what’s at stake:
Moore v. Harper: A Dangerous Theory Has Its Day in Court: Get all the background details of the case, the arguments parties are making, what’s happened so far in court and more in this piece.
Friend or Foe: Analyzing Amicus Briefs in Moore v. Harper: Get a breakdown of what groups submitted amicus briefs and where they stand. [link removed]
Case Page: Find all of the court filings from this lawsuit, from the district court up to the Supreme Court. [link removed]
The Constitutional Law Theory That Could Upend American Elections: Learn more about the origins of the ISL theory, how it interprets the U.S. Constitution, and some of the ramifications for our elections. [link removed]
Everything You Need to Know About the ISL Theory: Visit Democracy Docket’s hub page to learn more about this fringe theory and how it would impact American elections. [link removed]
Make sure to visit our live page with detailed updates from the argument.
[Follow along our live coverage here] [link removed]
Keep an eye out for upcoming analysis breaking down the oral argument and key takeaways.
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