The United States Supreme Court has released an opinion in Moore v. Harper rejecting the radical “independent state legislature theory.” The Court explicitly affirms the role of state court judicial review in election regulation. The checks-and-balances built into our democracy are protected.
This decision is an outright victory: a complete rejection of the independent state legislature theory (ISLT) and a clear victory for American democracy. The Court not only rejected the radical arguments advanced by North Carolina legislators; they adopted the pro-democracy position in full. The Court reaffirmed the fundamental role of state constitutions and state courts, ensuring that the actions of state legislatures must comply with their state constitution.