The Supreme Court just agreed to hear a case that could result in a more successful effort to overturn the next election.
But that latter case was 5–4 with a strong dissent by Chief Justice John Roberts, who believed the legislature could not be cut out of the process. Most of the justices in the majority in that case are now off the court.
There’s a more radical version of the idea that the legislature has power, standing on its own as a body and not part of the general structure of state government, in the independent state legislature theory.case. The North Carolina Supreme Court, interpreting a provision of the state constitution protecting the right to vote, held that partisan gerrymandering violated the state constitution and required drawing fairer lines, including in congressional districts.
, when he explicitly said that “provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply” regarding redistricting. As Roberts wrote, the courtsOur conclusion does not condone excessive partisan gerrymandering. Nor does our conclusion condemn complaints about districting to echo into a void. The States, for example, are actively addressing the issue on a number of fronts.
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