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Democratic Backsliding in North Carolina, and What it Could Mean for Voters Around the Nation

North Carolina's Supreme Court, Source: Wikimedia Commons

Moore v. Harper is a Supreme Court case that centers around partisan congressional gerrymandering. This is a case currently under review in the SCOTUS. If SCOTUS rules in favor of the Republican led congressional gerrymandering, then states would be able to have full control over congressional maps. At the state level, this case is referred to as Harper v. Hall, and this case centers around the idea of 'independent state legislature theory.' Proponents of this theory claim that the U.S. Constitution gives states the authority to determine how federal elections are conducted without any checks or balances from state legislatures and judiciaries.

Prior to the midterm elections, the Supreme Court of North Carolina voted against Harper v. Hall, which is subsequently why SCOTUS is reviewing Moore v. Harper. At this time, the North Carolina's Supreme Court was under a Democratic majority, and they voted against the extreme gerrymandering case on the precedence that the state's constitution guarantees fair and free elections. After the midterm elections, North Carolina's Supreme Court became Republican-controlled. The court decided to review Harper v. Hall and rehear the case. This is interesting seeing how the SCOTUS is in the process of determining Moore v. Harper. With Harper v. Hall now passing in the North Carolina Supreme Court, that means however SCOTUS rules on Moore v. Harper will also reflect upon Harper v. Hall.

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