Category Archives: Supreme Court

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?

Bush v. Gore reflections, legislation and legislatures, statutory interpretation, Supreme Court
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

(Rick Hasen) Live-Blogging the Supreme Court’s Oral Arguments in the Moore v. Harper (Independent State Legislature); Now UPDATED with Analysis and Reason to Think Court Will Reject Maximalist Version of ISLT

Supreme Court
[This post has been updated.] UPDATE: After almost three hours of oral argument, a divided Supreme Court appeared searching for a middle ground to hold that in really egregious cases state courts can violate the federal constitution when they apply… Continue reading

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

legislation and legislatures, Supreme Court
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