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

Posted on AllSides November 1st, 2022
From The Center
ANALYSIS

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...

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