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

U.S. Allowing Weapons Customers to Commit Crimes Against...

August 29, 2023

State Officials Can’t Appoint Federal Officers in Gulf...

March 25, 2024

Two Scholars Revisit Trump’s Election Fraud Claims

February 2, 2024

Public Schooling, Trump, and the “Book Ban Hoax”

January 28, 2025

The Cognitive Shift: How the Terrorist Label May...

March 20, 2025

The Best Political Argument for More Immigration Restrictions...

November 7, 2024

On the Nippon Steel-US Steel Deal, Politics (Again)...

March 15, 2024

Does Higher Education Need “Saving”?

March 22, 2025

Stop Government Jawboning and Censorship Via Proxy Through...

December 4, 2024

The Fed’s Critiques of Rules-Based Monetary Policy Are...

February 11, 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

    • How Staff Can Strengthen HIPAA Compliance and Security

      June 29, 2025
    • Lotus denies plans to close Hethel factory amid US expansion talks

      June 29, 2025
    • Top university degrees lose sway as tech employers prioritise job-ready skills

      June 29, 2025
    • Government urges supermarkets to make healthy food more appealing in bid to tackle obesity crisis

      June 29, 2025
    • Senate Republicans ram Trump’s ‘big, beautiful bill’ through key test vote

      June 29, 2025
    • Chief Justice Roberts sounds alarm on dangerous rhetoric aimed at judges from politicians

      June 29, 2025

    Categories

    • Business (8,334)
    • Investing (2,081)
    • Politics (15,853)
    • Stocks (3,177)
    • 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