Case Law Index
federal2023
Additional Highlights:Elections ClauseIndependent State Legislature TheoryFederalism
Moore v. Harper
United States Supreme Court
Key Holding
State courts may review state legislatures' regulations of federal elections under the Elections Clause; the independent state legislature theory is rejected.
Case Summary
Moore v. Harper rejected the "independent state legislature theory," holding that state courts retain their ordinary judicial role in reviewing state election laws for compliance with state constitutions, and that the Elections Clause does not insulate state legislatures from state constitutional constraints.
Primary Source: https://www.courtlistener.com/opinion/9294543/moore-v-harper/