The Independent State Legislature Theory: Interpreting the U.S. Constitution’s Elections Clause

At its strongest, the Independent State Legislature Theory (ISLT) claims that voting rights protections in state constitutions do not apply to the election rules that state legislatures set for the federal elections in their states. Under the theory, state courts cannot review and enjoin these state election laws for state constitutional violations. The ISLT lies at the heart of Moore v. Harper, a case that has been fully briefed and argued before the United States Supreme Court but may not yield an opinion due to potential jurisdictional determinations.

– Jason B. Marisam; Mitchell Hamline

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June Webcast Extravaganza