The U.S. Supreme Court finally heard oral arguments in Moore v. Harper last week. The case involves a mundane constitutional issue concerning the definition of “legislature” as used in the elections clause. Yet it has produced panic among Democrats and a torrent of portentous predictions about the death of democracy from various leftist law professors. In the Washington Post, for example, Harvard University’s Noah Feldman expressed alarm that the court took up the “insane” case at all.
Is Moore v. Harper really insane? Of course not. The case arose early this year when the North Carolina Supreme Court struck down a redistricting map produced by the state Legislature, then replaced it with a redistricting scheme of its own. The North Carolina General Assembly petitioned SCOTUS for relief on the grounds that this action violated Article I, Section 4 of the U.S. Constitution.Read More