In the upcoming case Moore v. Harper, the U.S. Supreme Court will decide whether the term “state legislature” in the U.S. Constitution’s election clause gives state legislatures specific power over election law that cannot be taken away in accordance with the doctrine of “independent state legislature theory.”
In this case, the Supreme Court is asked to decide whether the independent state legislature theory applies to the Constitution’s election clause. The case asks the court to decide whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives … prescribed … by the
