Vikram D. Amar (University of California, Davis – School of Law; University of Illinois College of Law) has posted The Moore the Merrier: How Moore v. Harper’s Complete Repudiation of the Independent State Legislature (ISL) Theory is Happy News for the Court, the Country and Commentators (Forthcoming, 2022-2023 Cato Supreme Court Review) on SSRN. Here is the abstract:
This Essay thoroughly analyzes the 2023 U.S. Supreme Court Moore v. Harper decision, examines how the ruling reflects (laudable) doctrinal movement by the various Justices, and explains why the Court’s reservation of federal judicial power to review state court decisions under the Elections Clause, when state courts go beyond “ordinary judicial review,” does not open the door to expansive federal judicial oversight.
Recommended.