A major case from North Carolina now before the U.S. Supreme Court has grave implications for voting rights in Pennsylvania and nationwide. Moore v. Harper, Case No. 21-1271, asks the court to jettison over a century of precedent by adopting the “independent state legislature” theory.

This theory is based on a literal reading of the elections clause in Article I, Section 4 of the U.S. Constitution, which says, “the times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the Legislature thereof.” Similarly, the electors clause of Article II, Section 2 says that members of the Electoral College shall be appointed by each state “in such manner as the Legislature thereof may direct.” According to proponents of the independent state legislature theory, the term “Legislature” in these two clauses grants state senates and houses exclusive and unreviewable authority over the conduct of federal elections—without checks from state constitutions, state courts, and perhaps even governors.

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