WASHINGTON, D.C., December 7, 2022 – Today the Supreme Court heard oral arguments in Moore v. Harper, a case in which North Carolina Republicans are advancing the “independent state legislature doctrine.” This nonsense reading of the Constitution would upend the checks and balances of our democracy to give self-gerrymandered state legislatures unbridled power to suppress voting.
At one point, Justice Sotomayor even had to accuse North Carolina’s lawyer of attempting to rewrite history. It was clear from the state’s arguments that they are hoping there is no court — state or federal — that can check the state’s racist, partisan gerrymandering or any other restrictions on voting and representation.
Alliance for Justice President Rakim H.D. Brooks issued the following statement:
“It remains astonishing that the Supreme Court was even willing to hear Moore v. Harper, let alone humor its premise today at oral arguments. It can’t be the case that, for 235 years of elections, every previous generation of Americans got it wrong by either forgetting about or misreading the elections clause. Today’s oral arguments demonstrated that there are at least a few justices willing to use their power to radically restructure our democracy overnight for partisan reasons. We’ve already seen state legislatures willing to illegally gerrymander, make it harder to vote, and even try to overturn presidential elections. The people of Georgia were able to make their voices heard last night because their state Supreme Court put people above politics and the rule of law above partisan ambition. It’s concerning that any of these justices is unwilling to follow their example and do the same.
“Our democracy was founded on checks and balances, and elections — the core of that democracy — must be protected in the same way. If the justices are willing to rewrite our founding document in this absurd way, it’s clear there aren’t enough checks on their power either.”