Category Archives: legislation and legislatures
Mike Parsons: “Moore v. Harper and the ‘Anti-Arrogation Principle'”
The following is a guest post from Mike Parsons, Senior Counsel at ERN and Principal at Parsons Law PLLC:
In this post, I offer some comments on what Moore v. Harper definitively resolved; why it’s time to move beyond… Continue reading
Breaking: Supreme Court Sends Back Congressional Redistricting Decision to Ohio Supreme Court for Further Consideration in Light of Moore v. Harper
Rob Yablon: “Moore v. Harper and the Purcell Principle”
The following is a guest post from Rob Yablon:
Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors… Continue reading
Carolyn Shapiro: “Moore v. Harper and state courts”
The following is a guest post from Carolyn Shapiro:
As others have already noted, the Supreme Court’s opinion in Moore v. Harper fortunately eliminated the most chaotic possible outcome and reiterated what has always been understood to be true… Continue reading
Watch Archived Video of the Safeguarding Democracy Project Flash Webinar: “U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision”
This was a great conversation that I moderated with Carolyn Shapiro, Bertrall Ross, Rick Pildes, and Derek Muller. You can watch here:
Expect Many More Lawsuits in Federal Court Against the Actions of State and Local Election Officials after Moore v. Harper
(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. Harper that creates something of a time bomb for litigation.)
Expect many more… Continue reading
ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper
New ELB Podcast (the Season 4 Finale!):
What are the implications of the Supreme Court’s decision in Moore v. Harper for American democracy?
What will the case mean for 2024 election challenges?
Does the decision shut down attempts to submit… Continue reading
TODAY! Safeguarding Democracy Project Flash Webinar, Wednesday June 28: U.S. Democracy and the Independent State Legislature Theory after the Supreme Court’s Moore v. Harper Decision [bumped to top]
Join UCLA Law’s Safeguarding Democracy Project for a free online flash webinar, Wednesday, June 28, 11 am PT/2 pm ET, featuring leading election law scholars:
· Derek T. Muller, Notre Dame Law (beginning July 1)
· Richard H. Pildes,… Continue reading
“Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges”
Nick Riccardi and David Leib for AP:
But for some critics of the theory, the danger is not entirely past.
The court found that state courts still must act within “ordinary bounds” when reviewing laws governing federal elections. That… Continue reading
The limited path for litigation after Moore v. Harper was set out in a series of related cases between 2004 and 2007
ELB readers may recall my post last year on Colorado General Assembly v. Salazar (2004). There, the Court, over three dissenting justices, denied cert in a Legislature Thereof Clause dispute under the Elections Clause in Colorado’s redistricting. A lot of… Continue reading
Pildes: “The Supreme Court Rejected a Dangerous Elections Theory. But It’s Not All Good News.”
Excellent new Rick Pildes in the NYT:
Relief that the court did not endorse this extreme position, though, must be tempered by the fact — which many initial responses to the decision have not recognized — that the court simultaneously… Continue reading
Don’t Count on the Gorsuch and Thomas Votes in Future Voting Cases; Expect Them to Side Against Voting Rights Litigants
In today’s Moore decision, Justices Thomas and Gorsuch rejected the majority approach to the independent state legislature theory, believing instead that state legislatures have almost plenary power and cannot be limited even by state courts applying state constitutions. (Justice Alito… Continue reading
“How the Supreme Court’s decision on election law could shut the door on future fake electors”
Politico:
The Supreme Court’s rejection of a controversial election theory may also have another huge political consequence for future presidential contests: It obliterated the dubious fake elector scheme that Donald Trump deployed in his failed attempt to seize a second… Continue reading