Category Archives: legislation and legislatures

With Petition for Rehearing Filed in (Republican-Majority) North Carolina Supreme Court, Could SCOTUS Decision in Moore v. Harper Become Moot?

January 26, 2023, 5:22 pmlegislation and legislatures, Supreme CourtRick Hasen

Back on November 9, I wrote: Could the Flipping of the North Carolina Supreme Court to Republican Control Moot the Moore v. Harper Case about the Independent State Legislature Doctrine? With news that the North Carolina Supreme Court has flipped… Continue reading

“Mark Rozzi, a Democrat-turned-independent, is now speaker of the Pa. House after a surprise vote”

January 4, 2023, 7:36 amlegislation and legislaturesRick Hasen

Philly Inquirer: Democrats and more than a dozen Republicans threw their support behind a consensus candidate for speaker of the Pennsylvania House on Tuesday, a surprise move some lawmakers said would help bring unity to the state capital. House lawmakers… Continue reading

On this record, Congress cannot refuse to seat Representative-Elect George Santos

December 27, 2022, 1:58 pmlegislation and legislaturesDerek Muller

Details about Representative-Elect George Santos’s biography have emerged, suggesting that the New York Republican has been, shall we say, less than truthful about his background. As the New York Post puts it, “Liar Rep.-elect George Santos admits fabricating key details… Continue reading

“The Election Is Over. The Fight Over Voting Rules and Gerrymanders Isn’t.”

December 11, 2022, 1:23 pmelection administration, legislation and legislaturesDerek Muller

New York Times.

“GOP sues over special elections in Pa. House majority battle”

December 10, 2022, 6:55 pmlegislation and legislaturesDerek Muller

Associated Press: The top-ranking Republican in the Pennsylvania House of Representatives asked a court late Friday to prevent voters from filling three vacant seats in February that will determine majority control of the chamber. Rep. Bryan Cutler of Lancaster,… Continue reading

“Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial”

December 7, 2022, 3:02 pmlegislation and legislaturesDerek Muller

Under-discussed story from Alaska Public Radio: In November 1955, the 55 delegates of Alaska’s constitutional convention gathered in Fairbanks, intent on drafting the fundamental document for a new state. But before they began, each member stood and swore an… Continue reading

What Difference Would It Make If the Supreme Court in the Moore v. Harper Case Embraced the Bush v. Gore Concurrence Rather Than a Full-Throated Independent State Legislature Theory?

December 7, 2022, 1:40 pmBush v. Gore reflections, legislation and legislatures, statutory interpretation, Supreme CourtRick Hasen

In my earlier recap of today’s oral argument in Moore v. Harper (transcript here), I suggested that the middle ground position that the three Justices in the middle might embrace would be bad but not awful compared to the… Continue reading

Some Moore v. Harper commentary and roundup

December 6, 2022, 6:37 amElections Clause, legislation and legislatures, Supreme CourtDerek Muller

Ahead of oral argument in Moore v. Harper December 7, commentary and roundup is coming in from everywhere. A few pieces: In the New York Times, Michael Wines has a piece, “Supreme Court to Hear Arguments on Far-Reaching Elections… Continue reading

“Continuity of Government: Presidential Succession”

December 5, 2022, 1:58 pmlegislation and legislaturesDerek Muller

New report from John Fortier and Norm Ornstein at AEI. From the “key points”: The Continuity of Government Commission makes recommendations to ensure the continuity of the presidency after a catastrophic event. The core recommendation is that Congress amend the… Continue reading

“The Supreme Court Case That’s All About Donald Trump: Even if it’s not explicitly about him at all.”

November 29, 2022, 8:24 amlegislation and legislatures, Supreme CourtRick Hasen

Quinta Jurecic on thie Moore v. Harper case in The Atlantic: Over the past several months, both the litigants and outside parties—known as amici curiae, or “friends of the court”—have filed a mountain of briefs hashing out these issues. These… Continue reading

Ethan Herenstein: “Can State Legislatures Exercise Federal Legislative Power? A Flaw in the Defense of the Independent State Legislature Theory”

November 28, 2022, 3:42 pmlegislation and legislatures, Supreme CourtRick Hasen

The following is a guest post from Ethan Herenstein of the Brennan Center: In their reply brief defending the independent state legislature theory (ISLT), the petitioners in Moore v. Harper doubled down on the assertion that when state legislatures… Continue reading

If Petitioners Get Their Way in Moore v. Harper Case, the Dispute over Saturday Voting in Georgia Senate Runoff Would Spill into Federal Court as Well as State Court

November 23, 2022, 7:55 amlegislation and legislatures, Supreme CourtRick Hasen

I noted on the blog the other day that the state of Georgia, after losing in the state court of appeals, declined to appeal further the ruling that Georgia law allows counties to set Saturday as a day of early… Continue reading

Petitioners’ Bizarre Answer in Moore v. Harper Reply Brief About How States Can Rein in Partisan Gerrymandering

November 19, 2022, 4:01 pmlegislation and legislatures, Supreme CourtRick Hasen

Petitioners in Moore v. Harper argue that state supreme courts cannot apply state constitutional provisions limiting partisan gerrymandering to stop state legislatures from gerrymandering congressional districts. Doing so, they argue, would usurp the power of the legislature which “alone” has… Continue reading

Adam Liptak: “Supreme Court Case on State Legislatures Could Open Litigation Floodgates”

November 7, 2022, 7:53 amlegislation and legislatures, Supreme CourtRick Hasen

Adam Liptak NYT Sidebar column: As the Supreme Court prepares to hear a case next month that could radically reshape how federal elections are conducted, it has received scores of friend-of-the-court briefs featuring enough strange bedfellows to fill a hotel.In… Continue reading

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