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Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw
Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw
Online Publications
The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.
More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz
More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz
Online Publications
In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes means Congress acting through legislation. Given that, it makes perfect sense that the term “legislature” can also sometimes mean the one and sometimes the other. I agree. This post just expands the intratextual analysis.
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro
Online Publications
When the Supreme Court overruled Roe v. Wade, the justices in the majority insisted they were merely returning the issue of abortion to the democratic process. But a case the court has announced it will hear in its October term could make that democratic process a lot less democratic.
Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg
Quickly End Ny’S Suppressive Ballot Policy, Rachel Landy, Jarrett Berg
Online Publications
Earlier this year, with the 2022 midterm elections looming, New York’s Democratic members of Congress sued their own state Board of Elections in federal court for unconstitutional practices that disqualify ballots cast by duly registered voters. Chief among the alleged violations of New Yorkers’ right to vote is the practice of fully disqualifying so-called “wrong church” ballots cast by lost or misdirected voters at poll sites other than the ones to which they are assigned.