How Would the Supreme Court’s Major Precedents Concerning Democracy Fare under the Potential Test Discussed in Moore v. Harper?
Both before and during the argument in Moore v. Harper, I wrote about the possibility that the Court might think about extending the approach in the CJ Rehnquist’s Bush v. Gore concurrence – which was about state court statutory interpretation… Continue reading
Foley, Muller discuss Moore v. Harper oral argument at Lawfare
The podcast is here.
“How conservatives played the long game on election law”
“An election probe heightens the tension between Texas leaders and the Houston area”
NPR:
Tension between GOP state leaders in Texas and election officials in the Democratic-leaning Houston area is at an all-time high after the 2022 election.
Republicans are accusing Harris County officials of “election improprieties” that resulted in delayed polling… Continue reading
I Spoke With Madeline Brand of KCRW’s Press Play About Today’s Oral Argument in Moore v.Harper
Turning Rehnquist’s concurring opinion in Bush v. Gore into a consensus majority standard
During oral argument in Moore v. Harper today, one could be forgiven to forget that Chief Justice William Rehnquist passed away nearly two decades ago and is not currently sitting on the court. He was invoked more than a dozen… Continue reading
Moore v. Harper oral argument recap roundup
“Alaska Rep. Eastman, contending with Red Scare-era disloyalty clause, advances toward trial”
Under-discussed story from Alaska Public Radio:
In November 1955, the 55 delegates of Alaska’s constitutional convention gathered in Fairbanks, intent on drafting the fundamental document for a new state. But before they began, each member stood and swore an… Continue reading
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?
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
A Few Thoughts on Moore v. Harper Oral Argument
Here are some things that struck me listening to the argument today.1) What will the RKB triumvirate do? As Rick Hasen noted in his post, the question is which way will Roberts, Kavanaugh, and Barrett go. My guess is… 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
[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
Addressing a Key Issue Discussed at Length in Moore v. Harper Argument
I’m going to re-up a post of mine from Dec. 3rd on this issue: how relevant should the Bush v. Gore concurrence on statutory interpretation, which CJ Rehnquist authored, be in considering the role of state courts in interpreting the… Continue reading
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.… Continue reading