Courthouse Steps Decision: Moore v. Harper

On Tuesday, June 27, 2023, the Supreme Court issued its decision in Moore v. Harper. The case concerned the Elections Clause of the U.S. Constitution and “the claim that the Clause vests state legislatures with authority to set rules governing federal elections free from restrictions imposed under state law,” 600 U.S. ___ (2023).

In a 6-3 decision, the Court rejected the “independent state legislature” doctrine recognizing the North Carolina Supreme Court’s authority to review the legislature’s rules for federal elections. Chief Justice Roberts issued the opinion of the Court; Justice Kavanaugh filed a concurring opinion; Justice Thomas filed a dissenting opinion.

Andrew Grossman joined us to discuss the Court’s opinion.

Featuring:

Andrew Grossman, Partner, Baker & Hostetler LLP

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.