Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory.

To unpack all that’s at stake—and explain what that theory is and what effect, if implemented, it could have on the power of state courts to review actions by state legislatures in regulating elections—Jeffrey Rosen moderates a conversation with two constitutional law experts: Vikram Amar, dean and Iwan Foundation Professor of Law at Illinois College of Law and co-author of Constitutional Law: Cases and Materials; and Evan Bernick, assistant professor at the Northern Illinois University College of Law and co-author of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.

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