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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.
Constitutional Law | Election Law | Law | State and Local Government Law | Supreme Court of the United States
Shaw, Katherine A., "Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory" (2022). Online Publications. 60.