On June 30, the U.S. Supreme Court agreed to hear Moore v Harper, 21-1271, a North Carolina election law case. The North Carolina Supreme Court had invalidated the legislature’s redistricting plan earlier this year, ruling that the State Constitution forbids partisan gerrymandering and ordering new U.S. House district boundaries. The Republicans in the legislature hope to persuade the U.S. Supreme Court that Article One of the U.S. Constitution forbids state courts from evaluating election laws that affect congressional elections. Article One says, “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.”

The U.S. Supreme Court already ruled in an Arizona case that “legislature” means all elements of state government that exercise legislative power. But North Carolina legislative leaders hope to reverse that decision and get a ruling that would leave state courts, and independent rediswtricting commissions, out of the process.