The U.S. Supreme Court has agreed to hear a North Carolina case that could dramatically change the way elections for Congress and the presidency are conducted.
has never invoked what is known as the independent state legislature doctrine, but four of the court's conservative justices have expressed interest in taking on the subject. One of them, Justice Clarence Thomas, was among three justices who advanced it in the Bush v. Gore case that settled the 2000 presidential election.
The case comes as state courts have become increasingly involved in redistricting, the consequence of a 2019 decision in which the Supreme Court said federal courts could no longer handle claims of illegal partisan gerrymandering. The high court already has another significant redistricting case on its to-do list for the fall, a reconsideration of how the Voting Rights Act requires majority-minority districts to be drawn to ensure marginalized groups have a chance at electing their preferred representatives.
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