Summary: The U.S. Supreme Court on Tuesday rejected a theory pushed by North Carolina Republican leaders that could have allowed massive changes in the U.S. elections process by giving more power to state legislatures. The comments below from Duke University professor Asher Hildebrand are available for use in your coverage of the Moore v. Harper case.
“The Supreme Court could have dismissed this case on a technicality, but instead it chose to reject the radical independent state legislature theory outright. This ruling will ensure state courts can continue to uphold their citizens’ constitutional rights, and that state legislatures cannot restrict those rights with impunity,” says Asher Hildebrand, an associate professor of the practice at Duke University’s Sanford School of Public Policy.
“There are some devils in the details, including leaving the door open for federal courts to intervene in state courts’ interpretations of state constitutions in the future. But make no mistake: This is a major victory for American democracy that relegates the extreme arguments made by North Carolina legislators to their rightful place, on the losing side of history.”
Asher Hildebrand is an associate professor of the practice at the Sanford School of Public Policy. Hildebrand served for nearly 15 years in congressional offices and on campaigns. He was formerly chief of staff to U.S. Representative David Price (D-NC).
For additional comment, contact Asher Hildebrand at: