The case of Moore v. Harper, which is making its way through the Supreme Court, could have a seismic impact on the certification of federal elections, redistricting, and other voting rights issues. This case would essentially allow the legislators of a state to ignore their state constitution in matters of federal elections. It is based on a far-right theory called the independent state legislature theory (ISLT). Essentially, ISLT argues in favor of the state legislature’s ability to overturn election results—i.e., voter disenfranchisement.
The Case and Its Potential Impact
The League of Women Voters of the United States is one of many organizations that have filed an amicus brief in this case.
- LWV’s summary of the issues is here: https://www.lwv.org/newsroom/press-releases/league-women-voters-files-am....
For a further information about the case, the ISL theory, and the potential impact, you can read more here:
- The Atlantic, “There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory”
- Ballotpedia: Moore v. Harper
- Brennan Center for Justice: Moore v. Harper, Explained
- Michael Morley (major proponent of ISLT): “The Independent State Legislature Doctrine” in Fordham Law Review
- National Review (conservative interpretation): Thinking through Moore v. Harper
LWVUS Rally—Details and Logistics
The Supreme Court is scheduled to hear oral arguments in the case on December 7 (Pearl Harbor Day). LWVUS is mounting a rally in front of the Supreme Court to protest a ruling in favor of Moore. The League fears that a favorable ruling would severely suppress the vote and overturn our democracy by giving state legislatures the power and authority to run federal elections in their states without checks and balances, preventing fairer voting maps, fairer elections, and the protection of voter rights.
Learn more and sign up at the LWVUS MapOurFuture DC Rally registration page. Please note: Anyone interested in going to DC for the rally will need to cover their own expenses.
If you plan to attend, please arrive December 6 by the afternoon. There is a dinner, where participants will receive instructions about the rally. The rally will be held on the steps of the Supreme Court on December 7 starting at 8:30 a.m. Participants should plan on staying at this location until 1:30 p.m.
—Martha Zavala
