Moore v. Harper could have sweeping implications on upcoming federal elections.
The Supreme Court’s December 2022 argument session included one of the highest-profile cases of the 2022-23 term: Moore v. Harper. At the heart of the case is the idea known as the "Independent State Legislature Theory”, whose proponents argue that the U.S. Constitution gives state legislatures the sole authority to draw congressional maps and select Presidential electors, and that their decisions are unfettered by state constitutions and unreviewable by state courts.
When it comes to making state laws that apply to federal elections — from drawing congressional district lines to voting procedures — under this theory, the state legislature has exclusive power to set the rules.
Proponents of the theory argue that the language of Article I, Section 4 of the Constitution grants state legislatures exclusive, and judicially unreviewable power to redraw congressional districts for federal elections, allowing partisan gerrymandering of congressional districts by state legislatures that is not reviewable by the state courts under their state constitutions. They also contend that Article II, Section 1, Clause 2 of the Constitution, which states that each State shall appoint Presidential electors “in such Manner as the Legislature thereof may direct,” makes decisions on who has won a Presidential vote in the state for the purposes of the Electoral College also unreviewable by state courts, regardless of what’s written in the state’s constitution.
Join experts to explore the implications of the Independent State Legislature Theory, hear Pennsylvania specific perspectives, and learn what this means for the 2024 election.
The discussion will touch upon these topics:
- Judicial protections against gerrymandering
- State courts’, governors’, and redistricting commissions’ veto rights
- Potential changes to federal elections, including voter registration, mail-in voting, and voting hours
- Moore v. Harper’s potential impact on redistricting and election law in other states
Co-sponsored with Keep Our Republic. Founded in 2020, Keep Our Republic is a non-partisan civic action organization dedicated to protecting a republic of laws and strengthening the checks and balances of our democratic electoral system.
All attendees will receive the course handout as a digital download. This handout is not available for purchase.
Recorded in April 2023.