National Advocacy: Moore v. Harper
US Supreme Court and the Independent State Legislature Doctrine
12/22/22
The League is closely watching this crucial election-related case, which will determine whether state legislatures have the power and authority to set their own rules for federal elections without any checks and balances from their state Supreme Courts.
Experts listening to the December 7 oral arguments in Moore v Harper (transcript available) indicate that the Supreme Court did not appear to embrace the independent state legislature doctrine. The Court is expected to hand down a decision in the spring/summer of 2023.
The League of Women Voters of the United States, all 50 state Leagues and the LWV of the District of Columbia filed an amicus brief in Moore v. Harper on October 26, 2022. "Removing the power of the governor and the courts to check any action by the state legislature regarding elections would be antithetical to our American system," commented LWVIL President Allyson Haut.
According to Courts Matter Illinois, “the independent state legislature doctrine could theoretically empower state legislatures to decide the outcomes of political races themselves, without regard to the popular vote. It could also empower state legislatures to decide election administration rules themselves, regardless of what the federal government says.”