Future Retirement Success
  • Politics
  • Business
  • Investing
  • Stocks
  • Politics
  • Business
  • Investing
  • Stocks

Future Retirement Success

Investing

Moore v. Harper: Supreme Court Rejects Independent State Legislature Theory

by June 27, 2023
June 27, 2023

Walter Olson

State legislatures, like other actors in our system of government, are creatures of constitutional law. They are ordinarily subject not only to the federal Constitution but to the constitution, laws and legal decisions of their own states. That’s basic intuition, and six Supreme Court justices agreed today that the Elections Clause does not carve out an exception. That’s consistent with a long line of previous cases and practices from the early days of the Republic through the present day.

As the Court emphasized, state courts do not have free rein to impose their own caprices in this area; federal courts can rein them in if they “transgress the ordinary bounds of judicial review” on Elections Clause matters.

Three Justices would have held the case moot, of whom two (Thomas joined by Gorsuch) voiced some inclination toward a particular originalist reading that would have accorded state legislatures a broad swath of unreviewable power. Thomas also warns that the Court’s announced standard for reviewing state court action is likely to yield outcomes that are at best unpredictable.

Despite much angst from commentators, it was never likely that today’s Court would endorse a supercharged version of the so‐​called independent state legislature theory. One practical consequence worth noting: some thought the Court might be headed toward reversing its close 2015 decision upholding Arizona’s creation of an independent redistricting commission. That’s now highly unlikely.

0
FacebookTwitterGoogle +Pinterest
previous post
UK Chancellor signs financial services agreement with EU
next post
Mallory v. Norfolk Southern: Boom Days Ahead for Forum‐​Shoppers?

You may also like

Three Reasons Americans Should Be Concerned about the...

April 28, 2023

Public Schools Can’t Force Employees to Support Ideas...

May 26, 2023

Addressing Foreign Assaults on American Expression and Innovation:...

December 18, 2024

Maine Legalizes the Sale of Prostitution Services

July 3, 2023

FTC Gets 2/3 of the Infant Formula Crisis...

March 25, 2024

Friday Feature: Sonoran Learning Collective

January 24, 2025

Trump Keeps Defying Established Law—What’s Up With That?

February 3, 2025

Nippon Steel and the “National Security” Hoax

January 3, 2025

GOP Bill Hikes Farm Subsidies

June 10, 2025

MedPAC Identifies Medicare Advantage Pricing Errors, Savings Opportunities

March 14, 2025

    Get free access to all of the retirement secrets and income strategies from our experts! or Join The Exclusive Subscription Today And Get the Premium Articles Acess for Free

    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • SkyWater pitches itself as all-American firm as Trump mulls more equity deals following Intel deal

      August 27, 2025
    • 600,000 Chinese Students Would Be a Windfall for the United States

      August 26, 2025
    • EPA urged by state AGs to axe funds for ‘radical’ climate project accused of training judges

      August 26, 2025
    • ‘Doctor Strangelove with a mustache’: Bolton blasted for ‘profiteering’ off US secrets by White House advisor

      August 26, 2025
    • Bolton may be in hot water as FBI investigation expands beyond controversial book

      August 26, 2025
    • New Cato Paper: Immigrants Cut Victimization Rates, Boost Crime Reporting

      August 26, 2025

    Categories

    • Business (8,886)
    • Investing (2,242)
    • Politics (16,494)
    • Stocks (3,228)
    • About us
    • Privacy Policy
    • Terms & Conditions

    Disclaimer: futureretirementsuccess.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2025 futureretirementsuccess.com | All Rights Reserved