
These aren’t the most interesting cases, but they’re essential, nonetheless. The latest case heading to the Supreme Court isn’t grounded in abortion rights, which was the main attraction for the high court this past summer after a draft of the Dobbs opinion was leaked to the press. It set off a flurry of protests, demonstrations outside the homes of the justices, and even assassination attempts. Dobbs overturned Roe v. Wade, which led to a litany of hyperbolic segments from the liberal media and left-wing activists about how this decision will kill scores of women. The post-apocalyptic anecdotes about young women and girls bleeding out in the streets from illegal abortions flooded the airwaves. It’s been over 100 days since Dobbs—there aren’t piles of dead ladies.
This upcoming issue before the court deals with redistricting and whether local courts can interfere. In July, The Week had an excellent summary of the Moore v. Harper case, whose writ of certiorari petition was granted last June for the upcoming October 2022-23 term. Oral arguments are set for December 7.
The legal beef that must be settled is whether it was constitutional for the North Carolina state Supreme Court to dismiss the latest redistricting map, which heavily favored Republicans. It’s a test of the “independent state legislature doctrine.” That legal position says that state/local courts cannot interfere in the redistricting process—the pickle here for those arguing in favor of the doctrine is that the Tar Heel state passed a law granting local courts the authority to review the maps. If successfully argued, critics warn that the “independent state legislature doctrine” could pave the way for single-party rule. Speaker of the North Carolina House of Representatives Tim Moore sued voter Rebecca Harper, leading us to this final legal showdown.