Among the more interesting briefs being filed include: ACLU, Evan Bernick, Bipartisan Election officials, Bipartisan election administrators, the Brennan Center, CAC, CLC et al, Democracy and Race scholars, Atiba Ellis, Former… Continue reading

Nat Bach and I have written this piece at Slate. It begins: On Dec. 7, the Supreme Court will hear oral argument in Moore v. Harper, a radical case on the fate of the so-called “independent state legislature” theory… Continue reading

You can find the brief here. The Summary of Argument begins: Petitioners’ expansive interpretation of the Elections Clause—the so-called “independent statelegislature” theory—likely will lead to a flood of new federal litigation that will further destabilize American elections and contribute… Continue reading

This is an interesting one that will get some Justices’ attention. It argues that the North Carolina Republicans are wrong even if one accepts the concurrence by Chief Justice Rehnquist in Bush v. Gore and the dissent by Chief Justice… Continue reading

Jane Mayer in the New Yorker: A powerful new litigant has joined one of the most momentous cases slated to be heard by the Supreme Court this term. The respondents in the case of Moore v. Harper filed a… Continue reading

You can find it here. Update: You can find the state brief here. I post some thoughts on the non-state brief here.

William Baude and Michael McConnell in The Atlantic: In a constitutional republic like ours, legislatures ultimately derive their authority from the people. This authority is conveyed through written constitutions that charter the government, vest power in different branches, and… Continue reading