Syllabus
Note: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
MOORE, IN HIS OFFICIAL CAPACITY AS SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, ET AL. v. HARPER ET AL.
CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA
No. 21–1271. Argued December 7, 2022—Decided June 27, 2023
The Elections Clause of the Federal Constitution requires “the Legislature” of each State to prescribe the rules governing federal elections. Art. I, §4, cl. 1. This case concerns the claim that the Clause vests state legislatures with authority to set rules governing federal elections free from restrictions imposed under state law. Following the 2020 decennial census, North Carolina’s General Assembly drafted a new federal congressional map, which several groups of plaintiffs challenged as an impermissible partisan gerrymander in violation of the North Carolina Constitution. The trial court found partisan gerrymandering claims nonjusticiable under the State Constitution, but the North Carolina Supreme Court reversed. Harper v. Hall, 380 N. C. 317, 868 S. E. 2d 499 (Harper I). While acknowledging that partisan gerrymandering claims are outside the reach of federal courts, see Rucho v. Common Cause, 588 U. S. ___, ___, the State Supreme Court held that such questions were not beyond the reach of North Carolina courts. The court also rejected the argument that the Federal Elections Clause vests exclusive and independent authority in state legislatures to draw federal congressional maps. The court enjoined the use of the maps and remanded the case to the trial court for remedial proceedings. The legislative defendants then filed an emergency application in this Court, citing the Elections Clause and requesting a stay of the North Carolina Supreme Court’s decision. This Court declined to issue a stay, but later granted certiorari.
