In a case to be heard in the coming months, the U.S. Supreme Court could decide that state legislatures have control over congressional elections, including the ability to draw voting districts for partisan political advantage, unconstrained by state law or state constitutions.
At issue is a legal theory called the “independent state legislature doctrine,” which is posed through the court’s consideration of a dispute over gerrymandered North Carolina congressional districts. In early 2022, North Carolina state courts found the legislature violated the state constitution when it drew gerrymandered congressional districts favoring Republicans. The legislature has claimed that the U.S. Constitution gives it authority, unfettered by state courts’ interpretation of the state constitution or laws, to regulate congressional elections, and is asking the Supreme Court to agree.
