The Supreme Court ruled Tuesday that state judges do have the power to override state legislatures when it comes to how federal elections are carried out.
In a 6-3 opinion authored by Chief Justice John Roberts, the high court ruled that the Elections Clause of Article 1 of the U.S. Constitution “does not insulate state legislatures from the ordinary exercise of state judicial review.”
At issue in the case, Moore v. Harper, was a constitutional dispute over the power of a state court to regulate federal elections – in this case, gerrymandered redistricting maps. Some state lawmakers were seeking a favorable interpretation of the “independent state legislature” (ISL) theory, asking for near-total control over regulation of federal elections for president and members of Congress.