Petitioners File Their Opening Supreme Court Brief on the Merits in Moore v. Harper, the Independent State Legislature Case
You can read the brief here.
Category Archives: legislation and legislatures
Colorado General Assembly v. Salazar (2004) as precursor to Moore v. Harper
The Supreme Court’s decision to grant certiorari in Moore v. Harper, the North Carolina redistricting case, has prompted, and will prompt, a great deal of commentary (including this helpful discussion this week over at the Safeguarding Democracy Project). But it’s… Continue reading
“Earmarks’ future unclear as Republicans split ahead of midterms”
Roll Call:
Potential changes in control of one or both chambers in the midterm elections could put the practice of earmarking federal funds for local projects on the chopping block in the next Congress.The last time Republicans recaptured the House,… Continue reading
Watch Archived Video of Safeguarding Democracy Project Webinar, “Moore v Harper, the Independent State Legislature Theory and Potential Threats to American Democracy,” with Vik Amar, Derek Muller, Rick Pildes, Carolyn Shapiro, and Franita Tolson
You can watch the event that I moderated, from UCLA Law’s Safeguarding Democracy Project, here:
“Federal Appeals Court Halts Graham Testimony Before Atlanta Grand Jury”
NYT:
A federal appeals court temporarily blocked Senator Lindsey Graham, Republican of South Carolina, on Sunday from testifying in the investigation into efforts by President Donald J. Trump and his allies to overturn the 2020 presidential election results in Georgia.… Continue reading
“Jan. 6 committee subpoenas Secret Service for missing records”
WaPo:
The House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol issued a subpoena to the U.S. Secret Service on Friday requesting records after a government watchdog accused the agency of erasing texts from Jan.… Continue reading
“Jan. 6 Committee Considers Seeking Testimony From Donald Trump, Mike Pence”
WSJ: “Members of the House select committee investigating the Jan. 6, 2021, attack on the Capitol are discussing the next steps in their investigation, including whether to seek an interview with former Vice President Mike Pence and potentially… Continue reading
“Judge rejects Bannon’s bid to delay trial, executive privilege claim”
WaPo: “A federal judge on Monday refused to delay Stephen K. Bannon’s trial next week after the Justice Department called an offer by the former Trump aide to testify before the House committee investigating the Jan. 6, 2021, insurrection… Continue reading
“The Case That Could Blow Up American Election Law”
Tom Wolf and Ethan Herenstein of the Brennan Center in the Atlantic:
Members of the Supreme Court’s conservative supermajority just last week took the next step in a little-noticed, but extremely dangerous, project: attempting to jam into law a radical… Continue reading
“How the Supreme Court could make it legal to steal the next presidential election”
Jessica Levinson in MSNBC on Moore v. Harper: “Our conservative Supreme Court stands ready to allow states to legally steal presidential elections by blessing a right-wing legal theory called independent state legislature doctrine. It is not an overstatement to… Continue reading
University of Maryland’s Program for Public Consultation
NYT has this story on the University of Maryland School of Public Policy’s Program for Public Consultation, which has issued this report entitled “The Demand for Public Consultation.” Here’s the NYT’s summary of the program’s work:
In simulations conducted… Continue reading
“The dangerous election theory the Supreme Court may be poised to endorse”
Josh Douglas in CNN Opinion:
The justices have agreed to hear Moore v. Harper, a case that hinges on a technical legal issue with immense implications, and that raises the question of whether there any limits to… Continue reading
Washington Post on Independent State Legislature Theory
WaPo editorial: “The decision to hear Moore v. Harper could lead to an erosion of voting rights and an increasing likelihood of election interference…. It could also create manifold opportunities for mischief of the sort then-President Donald Trump and… Continue reading
A Historical Challenge to the Independent State Legislature Theory
Sean Daly (MA, Political Science, NIU) shares these thoughts:
In the 1930s the Court unanimously decided Smiley v. Holm, Secretary of State, 285 U.S. 355 (1932), Koenig et al. v. Flynn, Secretary of State, et al., 285 U.S. 375 (1932),… Continue reading