Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Court prepares to hear arguments in case that could upend system of checks and balances

Supreme Court
Samuel Corum/Getty Images

On Wednesday, the Supreme Court will hear arguments in a case that could fundamentally shift the balance of power when it comes to election administration within state governments.

The case, Moore v. Harper, concerns a once-fringe legal theory known as the “independent state legislature doctrine,” which argues that lawmakers have final say in election law – not the courts, and not even state constitutions.

Nominally, the case concerns redistricting in North Carolina, but it has become a test of whether the system of checks and balances remains a universal part of the American political system, at least when it comes to election laws.


“Our democracy doesn’t work when corrupt politicians have unchecked power to rig elections,” said Joshua Graham Lynn, CEO of the nonpartisan reform group RepresentUs. “The Supreme Court must reject this shameless politician power grab.”

In February, the North Carolina Supreme Court tossed out the state’s new congressional map, determining legislators had engaged in partisan gerrymandering, in violation of the North Carolina Constitution. Republican lawmakers, who had drawn the map to heavily favor their party, then filed a lawsuit claiming the U.S. Constitution gives them sole authority to handle any and all aspects of elections law.

The Constitution's elections clause states: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”

Plaintiffs have used that language to claim no court has the authority to overrule legislative actions related to elections. “And there can be no question that this specific delegation of power to state legislatures encompasses the authority to draw the lines of congressional districts,” they wrote in the lawsuit.

But according to Ian Millhiser, who covers the Supreme Court for Vox, justices have repeatedly rejected similar claims for the past century, arguing that states have defined “legislature” more broadly to be any person or body empowered to engage in the legislative process (often including governors and courts).

Millhiser noted that the Moore case involves a state where lawmakers themselves delegated such power. “[E]ven if the independent state legislature doctrine is valid, North Carolina’s courts are still allowed to decide gerrymandering cases because the state legislature told them to do so,” he wrote.

Four of the conservative justices – Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas – appear to have embraced arguments in favor of the ISDL, giving it legitimacy in the eyes of some. Chief Justice John Roberts seems to be siding with the liberal wing of the court on this matter. If those positions hold, Justice Amy Coney Barrett would be the decisive vote. And while they could limit the ruling to the specifics of redistricting in North Carolina, there are many who are concerned about the potential national impact.

“This case is really just a fringe group of lawmakers trying to bring their branch of overreach to lawmakers across the country,” said Hudson McCormick, North Carolina director of the progressive State Innovation Exchange.

With few exceptions, other lawmakers are staying out of this case, McCormick said, because most do not want to see such an erosion of checks and balances.

“It’s a five-alarm fire for people concerned about democracy,” he said.


Read More

An aerial view of a taco bell and a taco bell sign.

In an aerial view, customers depart a Taco Bell restaurant on July 14, 2026 in Pasadena, California. Federal and state health officials have reportedly begun investigating whether lettuce served at some Taco Bell restaurants has led to the widespread outbreak of cyclosporiasis, a gastrointestinal illness, which has sickened thousands around the country.

Mario Tama / Getty Images

Taco Bell Lettuce Outbreak Exposes Gaps in U.S. Food Surveillance

By this point, most Americans with a cutting board have heard the warning: wash the lettuce, or, even better, avoid it. Now, at least, there's a specific bag to point to.

A year before the worst Cyclospora outbreak in recent memory, the federal government quietly stopped requiring anyone to actively look for it. That is not a coincidence worth shrugging off — and finding the source this week doesn't change that. It confirms it.

Keep ReadingShow less
Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions
man holding his hands on open book
Photo by Patrick Fore on Unsplash

Reclassifying Faith?: Inside the Department of War’s Revision to Its List of Religions

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

How Are Religions Recognized in the U.S. Military?

Keep ReadingShow less
Anti-gerrymandering sign

Anti-gerrymandering sign

Bill Clark/Getty Images

Don't Hold Your Breath Waiting for Politicians or Their Consultants to Fix Gerrymandering

2018, a nonprofit worker in Michigan named Katie Fahey posted a message online asking if anyone else was tired of politicians drawing their own districts. She had no campaign experience and no political base.

Within two years, the ballot initiative she built, called Voters Not Politicians, had written an independent redistricting commission into the Michigan constitution. Hollywood eventually made a documentary about it, Slay the Dragon, which is a fairly accurate description of what she had actually done.

Keep ReadingShow less
Protestors holding signs outside of the Idaho statehouse.

Protesters rally for abortion rights outside of the Idaho Statehouse in downtown Boise, Idaho, on May 14, 2022.

Sarah A. Miller/Idaho Statesman/AP

Idaho Voters Will Weigh In on One of the Strictest Abortion Bans in the Country

Idaho voters will weigh in on their state’s abortion laws this November. The secretary of state’s office certified a ballot measure that could, if passed, overturn one of the strictest bans in the country, the campaign to restore abortion rights in Idaho confirmed on Monday.

The measure would enact a new law establishing a state right to “reproductive freedom,” which it defines as allowing residents to make their own decisions in areas including fertility treatment, contraception and abortion. But it would not amend the state’s constitution, meaning it could still be overturned by the state’s Republican legislature. Currently, Idaho bans abortion in nearly all circumstances, with a narrow exception if staying pregnant threatens someone’s life.

Keep ReadingShow less