Moore News About the Independent State Legislature Doctrine

Authors

Bruce Ledewitz

Abstract

The big news about the Independent State Legislature Doctrine (Doctrine) is that, despite the expectations of most observers, including me,¹ the Supreme Court did not fully adopt the Doctrine in Moore v. Harper.² The majority opinion, written by Chief Justice Roberts, and joined by Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, held that state courts may apply their state constitutions to state legislation affecting federal elections in the course of what the opinion called the "ordinary exercise of state judicial review."³

First Page

327

Recommended Citation

Bruce Ledewitz, Moore News About the Independent State Legislature Doctrine, 62 Duq. L. Rev. 327 (2024).
Available at: https://dsc.duq.edu/dlr/vol62/iss2/7