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U.S. Supreme Court Rejects Dangerous Attempt to Destroy Democracy
Moore contra Harper decision reaffirms system of checks and balances
Washington, DC — The U.S. Supreme Court handed voters a major victory today with their ruling that state courts can review — and rectify — election-related rules and voting maps passed by state legislatures.
The ruling in Moore contra Harper is a major victory for voters, given the potential the case had to shatter the checks and balances that serve as underpinnings of American democracy. By rejecting the reckless “independent state legislature theory” at the heart of the case, the Court extinguished partisan legislative attempts to manipulate election rules and voting maps without facing the checks and balances served by the state courts and governors.
The Supreme Court’s decision is aquí.
At 1 pm. EST TODAY, Common Cause and Southern Coalition for Social Justice will hold a virtual media briefing. Click aquí to watch the recording.
Declaración de Kathay Feng, Common Causes Vice President of Programs:
“Today’s ruling is a victory for all Americans who stand for our democracy’s promise of free and fair elections. Now Congress must act and pass long overdue protections for voters, so that we can put an end once and for all to the persistent attempts to undermine and restrict our right to vote.”
Declaración de Bob Phillips, Common Cause North Carolina’s executive director:
“This is a historic victory for the people of North Carolina and for American democracy. Today, the U.S. Supreme Court made clear that state courts and state constitutions should serve as a critical check against abuses of power by legislators. Now, we must ensure our state courts fulfill their duty to protect our freedoms against attacks by extremist politicians.”
Declaración de Hilary Harris Klein, Senior Counsel for Voting Rights at SCSJ:
“The Supreme Court took an important and crucial step today in protecting our system of checks and balances. Today’s decision will ensure that voters will continue to have the full protection of state constitutions against harmful and anti-democratic voter suppression and election manipulation.”
Declaración de Neal Katyal of Hogan Lovells:
“I am proud to stand with Common Cause, the leading nonpartisan group in our nation devoted to protecting the right to vote. As we argued to the Supreme Court, the independent state legislature theory was contrary to precedent and would have called into question hundreds of state constitutional provisions and decisions. Today’s decisión affirms the crucial role state courts play in overseeing federal elections.”
REMINDER: at 1 pm. EST TODAY, Common Cause, its legal team at Southern Coalition for Social Justice and attorney Neal Katyal of Hogan Lovells will hold a press briefing to discuss today’s monumental decision in Moore contra Harper. Sign up aquí to attend.
Judge J. Michael Luttig, a member of the legal team and a retired judge of the U.S. Court of Appeals for the Fourth Circuit is also available for media interviews upon request.
Representatives from Common Cause and SCSJ are available outside of those times to speak to the media. Email sovaska@commoncause.org o melissa@scsj.com to arrange interviews.
Background on Moore contra Harper:
On Dec. 7, 2022, the U.S. Supreme Court heard oral arguments in Moore contra Harper, an appeal of a victory Common Cause and its attorneys at Southern Coalition for Social Justice and Hogan Lovells secured in a N.C. Supreme Court redistricting case. In Moore v. Harper, North Carolina Republican lawmakers floated a flimsy legal argument suggesting lawmakers should be able to make election rules without facing the checks and balances of the state courts or governors.
Representing Common Cause, Neal Katyal of Hogan Lovells told Supreme Court Justices during oral arguments that “a blast radius from their theory would sow election chaos” if adopted. The case had the potential to erase 200 years of legal precedent and upend the American system of democracy by handing partisan lawmakers the ability to manipulate election rules and voting maps to their benefit with little to no way of stopping them.
But the N.C. Supreme Court — in a rare and unprecedented step after its partisan composition changed in 2023 — reheard the underlying case Harper contra Hall and issued a ruling in late April overruling its prior decision against partisan gerrymandering.
For more information, visit mooreharper.com.