How Will SCOTUS Rule in Moore v Harper


Are states at risk of losing authority in matters relating to federal elections?

In Moore v. Harper, the U.S. Supreme Court could adopt a fringe political theory called the Independent State Legislature Theory (ISLT), which would give state legislatures nearly unrestricted authority to set the rules for federal elections.

  • The ISLT allows politicians to manipulate the outcome of elections.
  • If the ISLT is adopted, it would remove the governmental checks and balances in your state. Unlike today, your governor and state courts would no longer have any say in election rules.
  • A ruling embracing the ISLT could have massive implications for every state.

On December 7, 2022, the League of Women Voters of the United States issued a press release referencing the amicus brief it filed with the Supreme Court of the United States (SCOTUS) related to the Moore v Harper case. Theirs was added to many others (nearly 70) sent to the Supreme Court urging SCOTUS to not uphold the “independent state legislature theory” (ISLT). The League will continue to monitor SCOTUS’s decision, expected to occur around June 2023. Read the League’s statement from December 7, 2022 to learn more.