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The Supreme Court heard arguments Wednesday over whether state legislators should have the power to set voting rules in presidential and congressional elections without oversight from state courts — an argument which could have major implications for the 2024 election and beyond.
The case brought by North Carolina Republicans seeks to check the power of state courts to block gerrymandered congressional districts drawn up by state lawmakers.
The result would give legislatures wide latitude to control the “times, places and manner” of federal elections — potentially allowing maps to be drawn for maximum partisan advantage.
The Republicans are appealing a decision by North Carolina’s Supreme Court to toss House district maps approved last year by the GOP-controlled state legislature because they were biased against Democratic voters and therefore unlawful.
The arguments revolve around a legal idea called the “independent legislature theory” that three conservative justices cited in the 2000 presidential election case Bush vs. Gore but that the high court has never formally adopted.
