| Moore v. Harper | |
|---|---|
 | |
| Argued December 7, 2022 Decided June 27, 2023 | |
| Full case name | Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al. v. Rebecca Harper, et al. |
| Docket no. | 21-1271 |
| Citations | 600 U.S. 1 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Questions presented | |
| Whether a State's judicial branch may nullify the regulations governing the "Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof," U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts' own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a "fair" or "free" election. | |
| Holding | |
| The Federal Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections and therefore did not bar the North Carolina Supreme Court from reviewing the North Carolina Legislature's congressional districting plans for compliance with North Carolina law. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Sotomayor, Kagan, Kavanaugh, Barrett, Jackson |
| Concurrence | Kavanaugh |
| Dissent | Thomas, joined by Gorsuch; Alito (Part I) |
| Laws applied | |
| U.S. Const. art. I, § 4, cl. 1 | |
Moore v. Harper, 600 U.S. 1 (2023), is a decision of the Supreme Court of the United States that rejected the independent state legislature theory (ISL), a theory that asserts state legislatures have sole authority to establish election laws for federal elections within their respective states without judicial review by state courts, without presentment to state governors, and without constraint by state constitutions. The case arose from the redistricting of North Carolina's districts by its legislature after the 2020 United States census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party.
In June 2023, the Supreme Court ruled in a 6–3 decision that the Elections Clause does not give state legislatures sole power over elections, rejecting the independent state legislature theory.