« JOTWELL: Bartholomew on Ormerod on qui tam | Main | Defending "Your Honor" »

Friday, October 28, 2022

The Independent State Legislature Doctrine

Some of the briefs in Moore v. Harper are asking the Supreme Court to avoid the constitutional issues presented and find some narrow statutory ground (either state or federal) to resolve the case. Normally, I strongly favor this approach. But not in this case.

I thought that the whole point of taking Moore was to settle the independent state legislature arguments before the 2024 election. A narrow ruling won't do that. Then the Court may be forced to address the issue at the last minute in a heated presidential campaign. That would be unwise. 

Posted by Gerard Magliocca on October 28, 2022 at 01:10 PM | Permalink


The comments to this entry are closed.