In October, 2022 Fair Elections Center joined the League of Women Voters of the United States, League chapters from all 50 states and the District of Columbia, and the law firm of O’Melveny & Myers and filed an amicus brief in the Moore v. Harper case before the U.S. Supreme Court.
The case concerns the so-called “independent state legislature theory” (ISLT) which, if adopted, would have far-reaching implications for the future of American democracy. A ruling adopting ISLT would give state legislatures nearly unrestricted authority to set the rules for federal elections. It’s difficult to overstate the implications of this case. If the Supreme Court allows this, it will undermine the role of state courts to protect voters when politicians create unconstitutional barriers to voting, draw unlawful voting maps, and invalidate direct democracy efforts like ballot initiatives.
The Court heard oral arguments on December 7, 2022; A ruling is expected some time in June, 2023.
LEGAL DOCUMENTS
PRESS
The Independent — How a fringe legal theory at the Supreme Court could blowtorch American elections (12.6.22)
Newsy “Morning Rush” — Future of elections on the docket at the nation’s highest court (12.7.22)
