One of the most momentous actions taken by the United States Supreme Court in the last term was not deciding a case but granting review at the end of the term in Moore v. Harper, the North Carolina congressional redistricting case. This is the case in which the Supreme Court appears likely to adopt some version of the Independent State Legislature Doctrine (Doctrine). In this essay, I will describe the actual case and the Doctrine. But I will also be offering an alternative to the Doctrine, one that I believe achieves some of the goals that the Justices who favor the Doctrine are pursuing, while avoiding the incoherencies in the Doctrine itself.
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Bruce Ledewitz, An Alternative to the Independent State Legislature Doctrine, 61 Duq. L. Rev. 114 (2023).