Former President Barack Obama celebrated the United States Supreme Court ruling against a "far-right" theory in a major elections case on Tuesday.
The Supreme Court rejected the "independent state legislature theory" (ISL) in a 6-3 vote in the Moore v. Harper case. North Carolina House Speaker Tim Moore, a Republican, argued the state Supreme Court does not have the authority to reject a Congressional map under ISL, which states that only state legislatures—rather than state courts or constitutions—have the legal authority to regulate federal elections.
The decision is among the most consequential Supreme Court cases of the term. If the court ruled the other way in favor of ISL, they would essentially allow state legislatures full control of drawing legislative maps, eliminating checks in place via courts, commissions and state constitutions to prevent gerrymandering. The ruling prevents partisan state legislatures from redrawing districts in favor of their political party as fair maps advocates breathe a sigh of relief.
Obama, who served as president from 2009 to 2017, released a statement supporting SCOTUS' decision.
"Today, the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances," the former president wrote.
He praised the court for rejecting the "far-right" ISL theory.
Today, the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.
— Barack Obama (@BarackObama) June 27, 2023
He wrote: "This ruling rejects the far-right theory that threatened to undermine our democracy, and makes clear that courts can continue defending voters' rights—in North Carolina and in every state."
A wide array of legal experts and election analysts have praised the Supreme Court ruling. Obama's former Attorney General Eric Holder, for instance, told ABC News the decision is a win "for our system of checks and balances, the cornerstone of American democracy."
Former Federal Prosecutor Neama Rahmani told Newsweek the ruling "upheld our nation's delicate balance of power" against a theory that "would have stripped governors and state supreme courts of oversight over state legislatures.
"This fringe legal theory was pushed by supporters of former President Trump who wanted to overturn the 2020 election results and may have posed a threat to next year's election. Former President Obama and others wisely saw the risk the ISL theory posed to our democracy," Rahmani said.
Abha Khanna, the attorney representing the plaintiffs, wrote in a statement that the decision is a "resounding victory for free and fair elections in the United States."
"In its most extreme form, the Independent State Legislature Theory could have weakened the foundation of our democracy, removing a crucial check on state legislatures and making it easier for rogue legislators to enact policies that suppress voters and subvert elections without adequate oversight from state court," the statement reads.
Newsweek also reached out to North Carolina Speaker Moore's office for comment via email.
The ruling is the latest in a series of Supreme Court rulings on election matters.
The court on Monday ruled that Louisiana must redraw its congressional map to include a second Black-majority district after making a similar ruling in Alabama earlier this month. These rulings are likely to benefit Democrats in these states, as Black voters have been "packed" into single districts despite comprising a substantial percentage of these states' populations.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
