The Supreme Court is set to hear a major elections case on Wednesday, with some experts and officials warning that democracy is on the line.

The case — Moore v. Harper — could grant state lawmakers nearly unchecked power over elections and reduce the power of state courts from reviewing challenges in accordance with a legal school of thought known as the "independent state legislature" theory.


What You Need To Know

  • The Supreme Court is set to hear a case on Wednesday that could have a major impact on state authority over federal elections

  • The case dates back to this spring, when the North Carolina Supreme Court ruled that the state’s newest redistricting maps — created by the North Carolina General Assembly — were unconstitutionally partisan

  • Republican lawmakers say the court overstepped its constitutional role and have asked the U.S. Supreme Court to rule that final say in electoral maps should rest with a state's legislature, not state courts

  • The "independent state legislature" theory argues that a specific reading of the United States Constitution grants state legislatures near-absolute power to regulate federal elections — including how to appoint electors for the Electoral College

The case dates back to this spring, when the North Carolina Supreme Court ruled that the state’s newest congressional redistricting map — created by the North Carolina General Assembly — were unconstitutionally partisan. The court’s special masters replaced the legislature’s map with its own court-drawn map resulting in a seven seat split for each party among the state’s 14 Congressional districts.

Republican lawmakers say the court overstepped its constitutional role and have asked the U.S. Supreme Court to rule that final say in electoral maps should rest with a state's legislature, not state courts. The "independent state legislature" theory argues that a specific reading of the United States Constitution grants state legislatures near-absolute power to regulate federal elections — including how to appoint electors for the Electoral College.

If the justices rule in favor of Republicans, the decision could have major impacts on American elections.

North Carolina Gov. Roy Cooper, a Democrat, said in a New York Times op-ed published Monday that the "court’s decision could fundamentally reshape American democracy."

"If the court endorses this doctrine, it would give state legislatures sole power over voting laws, congressional redistricting, and potentially even the selection of presidential electors and the proper certification of election winners," Cooper wrote, adding: "Republican leaders in the North Carolina state legislature have shown us how the elections process can be manipulated for partisan gain. And that’s what you can expect to see from state legislatures across the country if the court reverses course in this case."

"Our democracy is a fragile ecosystem that requires checks and balances to survive," Cooper added. "Giving state legislatures unfettered control over federal elections is not only a bad idea but also a blatant misreading of the Constitution."

Such a ruling could potentially allow state legislatures to create maps that could heavily favor one party without a check by state courts, though federal courts could intervene. 

"Usually we think of the state legislature as being controlled by the state judiciary and what this does is literally take all the checks off the legislature, '' said Bill Marshall, a constitutional law professor at the University of North Carolina at Chapel Hill. 

But supporters say that’s exactly what the constitution says should happen. Opponents say the ramifications could go beyond redistricting and could also affect the court's power for everything from the location of polling places to the right of a secret ballot.

Tim Moore, North Carolina's Republican House Speaker, responded to Cooper's op-ed, accusing the Democratic governor of fear-mongering: ”Democrats use the courts to get their way and claim that democracy is in danger when they can’t."

A decision is expected in the spring.