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Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Duke Journal of Constitutional Law & Public Policy Sidebar
Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …