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The Lawfare Podcast

Derek Muller on Moore v. Harper and Independent State Legislature Doctrine

The Lawfare Podcast

The Lawfare Institute

Military, Intelligence, International Law, Constitutional Law, Rule Of Law, Politics, International Relations, News, Government, History, Diplomacy, Terrorism, National Security, Current Events, Law, Foreign Policy

4.76.2K Ratings

🗓️ 26 July 2022

⏱️ 57 minutes

🧾️ Download transcript

Summary

At the end of its past term, the Supreme Court took up the case of Moore v. Harper, a challenge to North Carolina State Supreme Court rulings on elections that promises to confront the controversial independent state legislature doctrine, which argues that the Constitution empowers state legislatures over other state institutions when it comes to deciding certain election matters. Court watchers have posited that the decision could be a major one, as upholding the independent state legislature doctrine could not only hinder the state judicial enforcement of various election-related rights, but potentially strengthen arguments that state legislatures can decide how to allocate their state's electors in presidential elections, a contention that played a central role in some of the legal machinations that former President Donald Trump supporters attempted to pursue following the 2020 election in order to turn the results in his favor. 

To better understand what exactly is at stake in Moore v. Harper, Scott R. Anderson spoke to Derek Muller, a professor at the University of Iowa College of Law and a leading election law expert. They discussed what the independent state legislature doctrine may look like in practice, how it intersects with congressional and presidential elections, and what Moore v. Harper does and doesn't mean for the security of U.S. elections moving forward. 

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Transcript

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0:00.0

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become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull and the aftermath.

0:32.0

Right laptop, I'm ready to finish this thesis.

0:34.0

What thesis? The one I've spent two years working on.

0:36.0

Don't have it. What's the last version you saved?

0:38.0

Got final version, final final version, and no, I'm actually serious now.

0:42.0

This is the last version I will never save another version I promise.

0:46.0

Version 2. Surely that one? No.

0:48.0

Why? It's corrupted.

0:50.0

Ah! Swap!

0:52.0

For when you upgrade to an acochrome book, they come with Google Drive built-in,

0:56.0

so you'll never lose a file again.

0:58.0

And save.

1:00.0

Already saved. Oh, thanks.

1:01.0

Saved it again.

1:08.0

And opponents will point out this.

1:10.0

This is a heavy lift for the United States Supreme Court to step in and tell state courts they're doing state law wrong.

1:16.0

So it's trying to figure out if the Supreme Court is going to step in with a weaker version of the theory

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