Nov

06

Moore v. Harper in Practice: The Facts and the Future [CC]

2 PM EST

Moore v. Harper, a high-profile Supreme Court case from the previous term that established the boundaries of the Independent State Legislature theory of constitutional law governing federal elections under the Elections Clause (Article I, Section 4 of the United States Constitution). This panel will provide a practical overview and discussion of the potential long-term impacts of the decision for election lawyers and litigators, judges and other attorneys curious as to how a hyped case will settle into the ever-evolving jurisprudence concerning election administration.

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In June 2022, the Supreme Court granted certiorari on the case of Moore v. Harper, a case hailed by one commentator as the "single most important case on American democracy - and for American democracy - in this country's history." The case posed a question about the interpretation of the Elections Clause of the Constitution, specifically what role in setting the rules for administering federal elections the Constitution granted solely to state legislatures, and what role other branches of state government were permitted to play in that process. The debate over the scope of the so-called Independent State Legislature theory of constitutional interpretation culminated in the Supreme Court's June 2023 decision, which placed hard limits on the legislature's independent constitutional authority, rejecting the Independent State Legislature theory in its broadest form.

This landmark case and its implications for our democracy are poorly understood by the general public and have often been misstated or poorly articulated by partisan voices in the media. This 90-minute webinar seeks to explain the significance of Moore v. Harper utilizing a bipartisan panel of experts, in a discussion moderated by former North Carolina Supreme Court Chief Justice Mark Martin. This panel will provide a practical overview and discussion of the potential long-term impacts of the decision for election lawyers and litigators, judges and other attorneys curious as to how a hyped case will settle into the ever-evolving jurisprudence concerning election administration. Additionally, this webinar will address the role this ruling created for federal courts to apply state law in Elections Clause cases, the standard the court made for when it will utilize this authority, and the effect this authority is likely to have on future cases in which state supreme courts act to check the authority of their legislatures.

Duration

90

Format

Webinar

Date

Nov 06, 2023

2023-11-06T14:00:00-05:00 2023-11-06T15:30:00-05:00 Moore v. Harper in Practice: The Facts and the Future [CC] Moore v. Harper, a high-profile Supreme Court case from the previous term that established the boundaries of the Independent State Legislature theory of constitutional law governing federal elections under the Elections Clause (Article I, Section 4 of the United States Constitution). This panel will provide a practical overview and discussion of the potential long-term impacts of the decision for election lawyers and litigators, judges and other attorneys curious as to how a hyped case will settle into the ever-evolving jurisprudence concerning election administration.

Election Law

ELIZA MAX SWEREN-BECKER

Jerry H Goldfeder

Michael Richard Dimino Sr

Mark D Martin

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