A case over a state court's rejection of North Carolina's congressional map went before the Supreme Court for oral arguments on Wednesday, with potentially huge ramifications.
Attorney Neal Katyal, arguing on behalf of the organization Common Cause, accused Moore's position of being so sweeping its effects would be unprecedented.
Members of the Supreme Court Associate Justices Amy Coney Barrett, Neil M. Gorsuch, Sonia Sotomayor, and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Associate Justices Ketanji Brown Jackson, Samuel A. Alito, Jr., Elena Kagan, and Brett M. Kavanaugh pose in the Justices Conference Room prior to the formal investiture ceremony of Associate Justice Ketanji Brown Jackson September 30, 2022 in Washington, DC. President Joseph R. Biden, Jr., First Lady Dr.
The Supreme Court has never officially recognized the independent state legislature theory. It appeared in a concurring opinion from then-Chief Justice William Rehnquist in 2000's Bush v. Gore, but as Justice Elena Kagan noted on Wednesday, that was merely a concurring opinion that does not hold the weight of precedence.
FILE PHOTO: Signs direct voters into a polling station during the 2020 presidential election in Durham, North Carolina, Nov. 3, 2020. REUTERS/Jonathan Drake/File Photo
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