LWVPA Statement on Moore v. Harper Decision

Yesterday, the United States Supreme Court affirmed the role of state court judicial review in a major victory for checks and balances and the constitutional rights of voters.

In a 6-3 decision, the US Supreme Court issued an opinion rejecting the extreme “Independent State Legislature Theory” (ISLT) in the case of Moore v. Harper. ISLT suggested that state courts did not have the power to review actions of state legislatures relating to federal elections, and therefore would allow rule makers to work around state courts & governors to enact laws.

The case that brought the issue to the US Supreme Court — Harper v. Hall — raised concerns around the extreme partisan gerrymandering of North Carolina’s congressional map. The case was overturned by the North Carolina Supreme Court on April 28, 2023, but the question of ISLT at the US Supreme Court remained. In yesterday’s decision, the Court rejected the ISLT.

This decision has protected voters from attacks on their rights from the state legislatures and has put ISLT to rest, once and for all.

Last year, the League of Women Voters of the United States and League chapters from all 50 states and the District of Columbia filed an amicus brief in Moore v. Harper, focusing on the massive implications of the ISLT for elections across the country, voters and election workers, and American democracy itself. 

The League of Women Voters of Pennsylvania was proud to make our voice heard on this important case. We will continue to fight for the integrity of our elections in Pennsylvania.