Read the full Moore v. Harper decision here.
Among its many major decisions delivered in June 2023, the U.S. Supreme Court in Moore v. Harper rejected a strong version of "independent state legislature theory," which maintains that state legislatures can make rules for federal elections with no oversight from state supreme courts applying state consitutional provisions related to elections and voting.
In a recent New Hampshire Bulletin article, Rudman Center Director John Greabe said: “I think, for now, the most aggressive form of the theory has been put to rest."
But the decision also noted that federal courts may still still set aside state court decisions if their interpretations of state laws pertaining to federal elections "transgress the ordinary bounds of judicial review."
“Although we conclude that the Elections Clause does not exempt state legislatures from the ordinary constraints imposed by state law, state courts do not have free rein,” wrote Chief Justice John Roberts
“It’s definitely a warning from the court to state courts that there will be federal review of some sort, as took place in Bush v. Gore,” said John Greabe. Still, he said, the wording suggests "there's going to be considerable deference to state courts."
Read the New Hampshire Bulletin article here.
