Ex-Judge Luttig Calls GOP-Backed Legal Theory Grave Threat

J. Michael Luttig, a retired federal appellate judge and conservative legal figure, forewarned an existential threat to democracy if the US Supreme Court affirms a GOP-backed election law doctrine.

Speaking at an American Bar Association panel on Monday, Luttig sounded an alarm about a potential conservative political victory in the case, Moore v. Harper, asking the justices to embrace what scholars call the “independent legislature theory.” The doctrine argues the Constitution vests state lawmakers with near-exclusive authority to set federal election rules.

“If it does conclude that there is such a theory, then I’ve said that would represent the gravest ...