Argument previews for Moore v. Harper

Jess Bravin in the Wall Street Journal.

Adam Liptak in the New York Times.

Nina Totenberg at NPR.

Robert Barnes in the Washington Post. (Which includes this graf: “‘Fringe’ is a word ubiquitous in the filings. But four of the nine Supreme Court justices have already expressed interest in — if not outright support for — the state-legislature theory. Which raises the question: How much of an outlier can it be?”

Greg Stohr at Bloomberg.

(Some of these pieces, here and elsewhere, point to the possibility that the governor may not be able to veto legislation under a robust reading of the Legislature Thereof Clause, but I’m not sure any serious proponent has called for Smiley v. Holm to be overturned or suggesting it was wrongly decided. As Rick Pildes blogged here earlier, “I see no prospect that the doctrine would mean governors cannot exercise their ordinary veto powers over state legislation regulating national elections. That issue is a red herring. None of the scholars who endorse the ISLT — there are scholars who do, and of course advocates, as a recent panel hosted by Georgetown Law’s SALPAL shows — believe it leads to the conclusion that governors lose their veto powers. That is evidence of how even proponents of the theory tend to understand its scope.”)

C-SPAN will stream the argument audio live today.

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