Fact Sheet
The United States Supreme Court has released an opinion in Moore v. Harper rejecting the radical “independent state legislature theory.” The Court explicitly affirms the role of state court judicial review in election regulation. The checks-and-balances built into our democracy are protected.
This decision is an outright victory: a complete rejection of the independent state legislature theory (ISLT) and a clear victory for American democracy. The Court not only rejected the radical arguments advanced by North Carolina legislators; they adopted the pro-democracy position in full. The Court reaffirmed the fundamental role of state constitutions and state courts, ensuring that the actions of state legislatures must comply with their state constitution.
“The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules– Moore v. Harper
regarding federal elections… When state legislatures prescribe the rules concerning federal elections, they
remain subject to the ordinary exercise of state judicial review.”
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Fact Sheet
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