Supreme Court hears election jurisdiction case

The Supreme Court heard arguments Wednesday concerning how much control state legislatures should have over elections. North Carolina Republicans brought Moore v. Harper to the U.S. Supreme Court after the state’s Supreme Court threw out new political maps the Republicans had made. The court said the maps were gerrymandered—drawn to the advantage of Republicans. The North Carolina GOP argued that the elections clause in the U.S. Constitution gives state legislatures complete control of congressional elections.

What did the justices think? The North Carolina GOP’s argument is based on “independent state legislature theory,” which says courts should have no say in congressional elections, including redistricting. Three of the six conservative justices are likely to favor the theory based on their past writings, while the three liberal justices will likely not be for it. Justice Elena Kagan said during arguments Wednesday that the theory would get rid of checks and balances between the branches of government. The decision could come down to Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett—all conservatives.

Dig deeper: Read R. Albert Mohler Jr.’s column in WORLD Opinions on how the president should preserve, protect, and defend the Constitution.