As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory

As briefing nears its close, the battle lines are emerging in Moore v. Harper – the case in which the Supreme Court will consider whether to adopt some form of the independent state legislature (ISL) theory. As a refresher, the ISL theory contends that state legislatures may regulate federal elections free of any checks by other state-level actors. So, under the theory, no state constitutional provisions, no state court, and potentially no governor’s veto could constrain a state legislature’s exercise of power over federal elections.

In Moore v. Harper, members of the North Carolina state...