Category: Independent State Legislature Doctrine

Supreme Court Rules in Ohio Redistricting Dispute

July 10, 2023
Independent State Legislature DoctrineJudiciaryOhioOhio Supreme CourtPolicies & ImpactsRegional & State NewsState NewsSupreme CourtUSUS News
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The U.S. Supreme Court sent a redistricting case back to the Supreme Court of Ohio for reconsideration after it recently rejected a theory holding that state legislatures have sweeping authority to make the rules for federal elections in the states without interference from the courts. The new decision came on June 30, the day the U.S. Supreme…

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Biden DOJ Asks Supreme Court to Dismiss Major GOP Election Lawsuit

May 14, 2023
Election IntegrityFeatured TopicsIndependent State Legislature DoctrineJudiciaryNorth CarolinaPolicies & ImpactsPoliticsSupreme CourtUSUS News
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The Biden administration asked the U.S. Supreme Court to dismiss a high-profile case in which Republicans want the court to recognize state legislatures’ power to regulate federal elections without interference from state courts, which they say the U.S. Constitution requires. At issue is the once-obscure independent state legislature doctrine, under which Republicans argue that the…

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Ex-Supreme Court Justice More Sympathetic to GOP-Backed Election Theory Than Previously Thought

May 8, 2023
Independent State Legislature DoctrineJudiciarySupreme CourtUSUS News
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Former Justice Sandra Day O’Connor, 93, seemed to express sympathy in 2000 for elements of a controversial GOP-backed legal theory that would recognize state legislatures’ power to regulate federal elections without interference from state courts, according to the recently unveiled papers of the late Justice John Paul Stevens. Then-President Gerald Ford appointed Stevens, a liberal…

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Supreme Court Inches Closer to Decision in Major Redistricting Case

May 5, 2023
2024 electionIndependent State Legislature DoctrineJudiciaryPolicies & ImpactsPoliticsSupreme CourtUSUS News
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The U.S. Supreme Court is moving closer to deciding if it will issue an opinion in a high-profile case in which Republicans want the court to recognize state legislatures’ power to regulate federal elections without interference from state courts, which they say the U.S. Constitution requires. Many legal observers had speculated that the case was…

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GOP Urges North Carolina Supreme Court to Let Lawmakers, Not Judges, Do Redistricting

March 14, 2023
2024 electionIndependent State Legislature DoctrineJudiciaryNorth CarolinaPolicies & ImpactsPoliticsRegional & State NewsUSUS News
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North Carolina Republicans asked that state’s supreme court on March 14 to restore GOP legislature-approved electoral maps the court previously threw out that could lead to Republican gains in the U.S. Congress and in the state legislature. The hearing in Raleigh, North Carolina, came in a closely watched statewide redistricting case that is likely to…

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SCOTUS Case About Excluding Judges From Electoral Redistricting Will Proceed, Lawyer for GOP Says

March 9, 2023
Independent State Legislature DoctrineJudiciaryNorth CarolinaPoliticsSupreme CourtUSUS News
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A U.S. Supreme Court case that could recognize state legislatures’ power to regulate federal elections without interference from state courts will continue even though a recent action by the high court suggests it may drop the case, the top lawyer for Republicans who brought the case said in a prediction to The Epoch Times. Republican…

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Supreme Court May Back Out of Ruling on Doctrine Empowering State Legislatures to Regulate Elections

March 3, 2023
Election IntegrityFeatured TopicsFederal-State RelationsIndependent State Legislature DoctrineJudiciaryNorth CarolinaNorth Carolina Supreme CourtPolicies & ImpactsPoliticsRegional & State NewsState NewsSupreme CourtUSUS News
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The U.S. Supreme Court signaled late March 2 that it is considering dropping a high-profile pending case in which Republicans are asking it to rule that state legislatures have greater power over federal elections. The case, Moore v. Harper, court file 21-1271, is currently being deliberated by the justices after they heard almost three hours…

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Constitutional Scholar: Revised Elections Law in $1.7 Billion Spending Bill May Not Survive Legal Scrutiny

December 24, 2022
Election IntegrityElections lawFeatured TopicsIndependent State Legislature DoctrineJudiciaryMoore v HarperPolicies & ImpactsPoliticsUSUS News
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With the U.S. Senate on Dec. 22 approving the $1.7 billion omnibus spending package that funds the federal government through September, the House is expected to approve it quickly and send it to President Joe Biden to sign before the new year. The 4,155-page bill includes $858 billion for the military, $772 billion for domestic…

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Constitutional Scholar: Revised Elections Law in $1.7 Trillion Spending Bill May Not Survive Legal Scrutiny

December 24, 2022
Election IntegrityElections lawFeatured TopicsIndependent State Legislature DoctrineJudiciaryMoore v HarperPolicies & ImpactsPoliticsUSUS News
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With the U.S. Senate on Dec. 22 approving the $1.7 trillion omnibus spending package that funds the federal government through September, the House is expected to approve it quickly and send it to President Joe Biden to sign before the new year. The 4,155-page bill includes $858 billion for the military, $772 billion for domestic…

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Conservatives Hope They Got the Right Case Before the Right Court to Curb ‘Judicial Activism’ in Elections

December 7, 2022
2022 Midterm Elections2024 electionElection IntegrityFeatured TopicsIndependent State Legislature DoctrineMoore v HarperPoliticsUSUS NewsUS Supreme Court
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WASHINGTON—Conservatives have long sought a conclusive legal decision that would define and cap the capacity of courts to issue rulings affecting how state legislatures administer elections. North Carolina House Speaker Rep. Timothy Moore (R-Cleveland) believes that day will finally come next spring when the U.S. Supreme Court issues its decision in Moore v. Harper. As…

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