Tuesday, October 25, 2022
Originalist Scholars Explain Why Independent State Legislature Theory Isn't a Thing
Check out the smack-down, no-holds-barred explanation why ISL isn't a thing, at least by an original understanding, in this amicus brief by none other than Akhil Amar, Vikram Amar, and Steven Calabresi.
The trio filed the brief in Moore v. Harper, the case testing whether a North Carolina Supreme Court ruling that struck an extreme partisan gerrymander under the state constitution violated the Elections Clause. (Appellants in the case argue that it did, because "the legislature" has plenary power over elections, under an ISL reading of the Elections Clause, and that no one--not even the state supreme court, applying judicial review under the state constitution--can intrude on that power.)
The Court'll hear the case on December 7. We'll have a preview before then.