Abstract
The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.
Document Type
News Article
Publication Date
12-8-2022
Source Publication
Just Security
Disciplines
Constitutional Law | Election Law | Law | State and Local Government Law | Supreme Court of the United States
Recommended Citation
Shaw, Katherine A., "Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory" (2022). Faculty Online Publications. 60.
https://larc.cardozo.yu.edu/faculty-online-pubs/60
Included in
Constitutional Law Commons, Election Law Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
