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The Supreme Court Considers the Independent State Legislature Theory
On December 7, 2022, the Supreme Court heard oral argument in Moore v. Harper, a case out of North Carolina about the power of state courts to review election regulations set by state legislatures. At the heart of the case is the “independent state legislature” theory, an interpretation of the Constitution that would give state legislatures essentially the sole power to regulate federal elections and would restrict the involvement from state courts in reviewing those decisions. Joining us to recap the oral arguments in Moore v. Harper is Vikram Amar, dean of Illinois College of Law; and Jason…
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