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We're Tom Wolf,Eliza Sweren-Becker, and Ethan Herenstein. We work on democracy reform at the Brennan Center for Justice. Ask us anything about the Supreme Courtā€™s upcoming case Moore v. Harper and the ā€œindependent state legislatureā€ theory.
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Thatā€™s a wrap! Thanks so much for joining us today. Follow us on social media or join our email list to get the latest on Moore v. Harper and the independent state legislature theory.

Background reading:

A short explainer of the independent state legislature theory: https://www.brennancenter.org/our-work/research-reports/moore-v-harper-explained

An animated video explaining the ISLT: https://www.youtube.com/watch?v=RdPZCMpP3u4

The Brennan Center's amicus brief in Moore v. Harper: https://www.brennancenter.org/our-work/research-reports/brennan-center-amicus-brief-moore-v-harper

A guide to the many amicus briefs in the case: https://www.brennancenter.org/our-work/analysis-opinion/friends-court-weigh-independent-state-legislature-theory

Our project page, which contains all of the above and more analysis from our team of election and constitutional lawyers: https://www.brennancenter.org/issues/defend-our-elections/independent-state-legislature-theory


On December 7, the Supreme Court will hear oral arguments in Moore v. Harper. At the center of this case is the ā€œindependent state legislature" theory ā€” a claim that state legislators have nearly unchecked power over federal elections. If SCOTUS adopts this baseless theory, state legislators could upend federal elections. More than 170 state constitutional provisions, 650 state laws, thousands of rules and regulations, and hundreds of state court decisions would be thrown into question. Ask us anything about Moore v. Harper and the independent state legislature theory.

The independent state legislature theory, explained: https://www.brennancenter.org/our-work/research-reports/independent-state-legislature-theory-explained

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2 years ago