By Newsy | December 8, 2022
On the day following oral arguments in Moore v. Harper -- a controversial case being heard by the U.S. Supreme Court -- Fair Elections Center Litigation Director Jon Sherman appeared on Newsy's "Morning Rush" to discuss the case and how it could adversely affect future elections across the nation.
The case concerns the so-called “independent state legislature theory” (ISLT) which, if adopted, would have far-reaching implications for the future of American democracy. A ruling adopting ISLT would give state legislatures nearly unrestricted authority to set the rules for federal elections. It’s difficult to overstate the implications of this case. If the Supreme Court allows this, it will undermine the role of state courts to protect voters when politicians create unconstitutional barriers to voting, draw unlawful voting maps, and invalidate direct democracy efforts like ballot initiatives.