A lawyer for the GOP-controlled North Carolina legislature argued before the Supreme Court on Wednesday that state legislatures should be granted sweeping new powers to pass gerrymandered maps and restrictive voting laws and cannot be constrained by state courts or state constitutions when it comes to regulating federal elections. This “independent state legislature” theory had long been considered fringe, but in recent years it has been aggressively pushed before the court by Federalist Society co-chairman Leonard Leo and his allied groups, the Trump campaign during its attempt to overturn the election in 2020, and now by Republican state lawmakers in North Carolina. “Is your argument that the state constitution has no role to play in terms of imposing substantive limits on the exercise of that federal function [of regulating elections]?” Justice Ketanji Brown Jackson asked David Thompson, counsel for the North Carolina Republicans. “That is our position,” Thompson responded. “This is a theory with big consequences,” Justice Elena Kagan told Thompson, getting to the heart of the huge significance of the case.

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