BPC: SCOTUS Right to Reject Independent State Legislature Theory

Washington, DC – The Bipartisan Policy Center applauds the Supreme Court’s 6-3 Moore v. Harper decision and their rejection of the independent state legislature theory, which argues that state courts have limited to no authority to question state legislatures when it comes to election laws for federal races.  

“This ruling prevents a potential deluge of disruptive changes to voting during the 2024 presidential election cycle,” said Democracy Program Executive Director Matthew Weil. “While we are left without clear boundaries on state court decision-making, legislators at the state level must continue to work with their governors and pass laws that respect their own Constitution’s provisions. That’s the way policymaking should work, and this ruling preserves centuries of precedent.” 

Learn more about independent state legislature theory (ISL) in our report.  

Supreme Court Moore v. Harper ruling.