Skip to content
Search

Latest Stories

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

​Secretary of Defense Pete Hegseth.

Secretary of Defense Pete Hegseth speaks to senior military leaders in Quantico, Va., on Sept. 30, 2025.

The Military’s Diversity Rises out of Recruitment Targets, Not Any ‘Woke’ Goals

For over a hundred years, Nov. 11 – Veterans Day – has been a day to celebrate and recognize the sacrifice and service of America’s military veterans.

This Veterans Day, as always, calls for celebration of the service and sacrifice of America’s troops. But it also provides an opportunity for the public to learn at a deeper level about America’s troops and who they are.

Keep ReadingShow less
Two volunteers standing in front of a table with toiletries and supplies.

Mutual aid volunteers hand out food, toiletries and other supplies outside the fence of Amphi Park in Tucson, which was closed recently over concerns about the unsheltered population that previously lived there.

Photo by Pascal Sabino/Bolts

Facing a Crackdown on Homelessness, Two Arizona Cities Offer Different Responses

In August, fewer than 250 voters cast a ballot in a South Tucson recall election targeting the mayor and two allies in the city council. The three officials, Mayor Roxnna “Roxy” Valenzuela and council members Brian Flagg and Cesar Aguirre, form a progressive coalition in the small city’s leadership. Outside government, they also all work with Casa Maria, a local soup kitchen that provides hundreds of warm meals daily and distributes clothing, toiletries and bedding to the city’s unhoused population.

It was their deeds providing for the homeless population that put a target on their back. A political rival claimed their humanitarian efforts and housing initiatives acted as a magnet for problems that the already struggling city was ill-equipped to handle.

Keep ReadingShow less
From Nixon to Trump: A Blueprint for Restoring Congressional Authority
the capitol building in washington d c is seen from across the water

From Nixon to Trump: A Blueprint for Restoring Congressional Authority

The unprecedented power grab by President Trump, in many cases, usurping the clear and Constitutional authority of the U.S. Congress, appears to leave our legislative branch helpless against executive branch encroachment. In fact, the opposite is true. Congress has ample authority to reassert its role in our democracy, and there is a precedent.

During the particularly notable episode of executive branch corruption during the Nixon years, Congress responded with a robust series of reforms. Campaign finance laws were dramatically overhauled and strengthened. Nixon’s overreach on congressionally authorized spending was corrected with the passage of the Impoundment Act. And egregious excesses by the military and intelligence community were blunted by the War Powers Act and the bipartisan investigation by Senator Frank Church (D-Idaho).

Keep ReadingShow less
In and Out: The Limits of Term Limits

Person speaking in front of an American flag

Jason_V/Getty Images

In and Out: The Limits of Term Limits

Nearly 14 years ago, after nearly 12 years of public service, my boss, Rep. Todd Platts, surprised many by announcing he was not running for reelection. He never term-limited himself, per se. Yet he had long supported legislation for 12-year term limits. Stepping aside at that point made sense—a Cincinnatus move, with Todd going back to the Pennsylvania Bar as a hometown judge.

Term limits are always a timely issue. Term limits may have died down as an issue in the halls of Congress, but I still hear it from people in my home area.

Keep ReadingShow less