Moore v. Harper
Issues
Can a state supreme court, without the explicit instruction in its state constitution, void the state legislature’s election law and replace it with judicially-devised election law?
This case asks the Supreme Court to decide whether the judicial branch has the authority to overrule a state legislature’s redistricting map. In 2021, the North Carolina Legislature created a redistricting map that the North Carolina Supreme Court subsequently struck down for violations of the North Carolina State Constitution. The Elections Clause of the United States Constitution declares that state legislatures shall determine state election laws, but it does not explicitly state whether state courts can review those laws for state constitutional violations. Moore argues that the Elections Clause grants state legislatures the sole authority to regulate the time, place, and manner of elections and, consequently, other branches are prohibited from interfering with this authority. Harper counters that Moore’s reading of the Election Clause is erroneous, as it would allow state legislature to violate their own state constitutions. The United States Supreme Court’s decision could affect voter perception of election integrity, as well as how much power state legislatures have in determining election law.
Questions as Framed for the Court by the Parties
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,” 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.
On November 4, 2021, the North Carolina Legislature passed new redistricting maps for its congressional elections. Moore v. Harper at 18a.
Additional Resources
- Amy Howe, Justices will hear case that tests power of state legislatures to set rules for federal elections, SCOTUSblog (June 30, 2022).
- Dan Schweitzer, Supreme Court Report, NAAG (July 12, 2022).
- Ed Whelan, Thinking Through Moore v. Harper, Part 2, National Review (Nov. 23, 2022).