On Dec. 7, 2022, the US Supreme Court will hear a North Carolina redistricting case that could give state legislatures exclusive control over elections. Moore v. Harper rests on a constitutional argument called the Independent State Legislature Theory. Based on a reading of the Constitution that the court has previously rejected, a state’s legislature would have independent power over federal elections, not subject to review by any other state authority. The court’s current conservative majority has many wondering if the ISL theory will find a more receptive audience this time. In this video, we look at where the Independent State Legislature Theory came from, and what a ruling in favor of the ISL would mean for American elections.
Featured in this video:
- Vikram Amar, Dean, University of Illinois College of Law
- Kimberly Robinson, Supreme Court reporter, Bloomberg Law
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