The American Democracy Minute Radio Report & Podcast for March 6, 2023

Today’s Links

Articles & Resources:
Scotus Blog – Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute
Carolina Journal – US Supreme Court seeks information about impact of NC redistricting rehearing
Democracy Docket – U.S. Supreme Court Requests Additional Briefing in Moore v. Harper
Washington Post (paywall) – Supreme Court asks for more briefs on important election-law case
Brennan Center for Justice – Moore v. Harper, Explained

Groups Taking Action:
Declaration for American Democracy, Campaign Legal Center, Common Cause North Carolina, ACLU, NAACP Legal Defense Fund

Today’s Script:  (Variations occur with audio due to editing for time)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

There’s a development in the pending blockbuster Moore v. Harper “Independent State Legislature” case in the U.S. Supreme Court, which has the court asking for additional information and COULD signal an end to the case without a decision.

Moore v. Harper stems from a North Carolina gerrymandering case where the Republican legislature manipulated the state’s Congressional districts for an estimated 10 to 4 advantage.   

The case was ruled unconstitutional by the state’s high court last year, but was appealed to the U.S. Supreme Court using a radical argument called the “independent state legislature” theory last December.  If embraced, this argument could give state legislatures ultimate control over elections, trumping state constitutions, courts and governors  – and could result in draconian voting restrictions and election rules around the country.  

But In a shocking partisan ruling in February, a new, more conservative North Carolina Supreme Court agreed to rehear Harper, and is likely to reverse the decision made just last year, and instead embrace the gerrymandered maps.  That decision COULD make the Moore v. Harper moot.    

March 2nd, the U.S. Supreme Court asked for additional briefs by March 20 to show what impact the state court’s decision might have on Moore v. Harper.  SCOTUS Blog reports that a decision could come anytime after that date as to whether the court would proceed with the case.

We have links to articles and resources at AmericanDemocracyMinute.org. For the American Democracy Minute, I’m Brian Beihl.