The U.S. Supreme Court ruled against North Carolina Republicans Tuesday and said state legislatures don't have absolute power over election laws, and that state courts are constitutionally allowed to weigh in on those laws. 

At issue in Moore v. Harper, a fringe legal argument called Independent State Legislature theory. 

"I think the court felt that they were going to have to decide this question sooner or later. It had been raised in a number of cases during the 2020 election, and the majority of the court never directly addressed it. There are cases from other states where it's percolating," said Professor Richard Briffault.

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