This radical “theory” is central in one of SCOTUS’s most-watched cases this term
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A Close Look at the ‘Independent State Legislature Theory’
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Wednesday, November 30, 6–7:45 p.m. ET
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for this virtual event
The so-called “independent state legislature theory” is front and center in Moore v. Harper, one of this Supreme Court term’s most watched cases. This radical theory holds that the Constitution’s Electors Clause and Elections Clause give state legislatures the authority to make decisions about federal elections — without the oversight of state courts and despite state constitutional provisions purporting to govern such elections.
Join us for a live discussion with prominent scholars on the constitutional underpinnings of the independent state legislature theory, the historical origins of the relevant constitutional clauses, and the challenges that a Supreme Court decision endorsing this theory would present for our democracy.
Produced in partnership with the New York City Bar Association
Speakers: Carolyn Shapiro, Professor of Law, Founder, Codirector, Institute on the Supreme Court of the United States, Chicago-Kent School of Law // Carter G. Phillips, Sidley Austin LLP, Counsel of Record for Amicus Curiae Conference of Chief Justices in Moore v. Harper // Thomas Wolf, Deputy Director, Brennan Center Democracy Program // Welcome: Marcy L. Kahn, Chair, Rule of Law Task Force, New York City Bar; Associate Justice (Retired), New York Appellate Division, First Department // Moderator: Anil Kalhan, Professor of Law, Thomas R. Kline School of Law, Drexel University; Visiting Professor of Law, Yale Law School
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