Reply Brief Filed in Moore v. Harper Case Before Supreme Court Oral Argument Dec. 7; Petitioners Make Clear that ISL Theory Should Not Be Used to Steal Elections

Here’s the brief.

And here’s the relevant fn:

14 Some of Respondents’ amici make the scurrilous suggestion that Petitioners’ interpretation would enable state legislatures to change the result of a Presidential election by replacing
popularly chosen electors with their own slate. See Amicus Br. of Richard Hasen 27–30 (Oct. 25, 2022). But that result plainly would not follow from adoption of Respondents’ interpretation. As those very amici admit, any such maneuvering is barred by federal statutory and constitutional protections. Id. at 28; see also Amicus Br. of Republican National Committee 22–30 (Sept.
6, 2022). This Court should not allow inflammatory claims about an issue that is not before it affect its decision in this case.

Share this: