Ethan Herenstein: “Can State Legislatures Exercise Federal Legislative Power? A Flaw in the Defense of the Independent State Legislature Theory”

The following is a guest post from Ethan Herenstein of the Brennan Center: In their reply brief defending the independent state legislature theory (ISLT), the petitioners in Moore v. Harper doubled down on the assertion that when state legislatures make … Continue reading Ethan Herenstein: “Can State Legislatures Exercise Federal Legislative Power? A Flaw in the Defense of the Independent State Legislature Theory”