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