#SCOTUS: Legislatures and election laws. Richard Epstein, Hoover Institution
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 13 December 2022
⏱️ 10 minutes
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#SCOTUS: Legislatures and election laws. Richard Epstein, Hoover Institution
https://www.wsj.com/articles/how-to-calm-election-law-before-2024-moore-v-harper-supreme-court-north-carolina-11670541157
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| 0:35.0 | This is CBS, I'm John Bachelbert with Professor Richard Epstein of the Hoover Institution, |
| 0:39.3 | a senior fellow. And Richard is kind enough to comment on something he's not yet written |
| 0:44.9 | on, but I look to the future. This is a new chapter. Oh, I have written on it. Oh, |
| 0:48.3 | excuse me, Richard, more versus Harper. Just argued or arguments before the Supreme Court. |
| 0:55.6 | And this turns on the authority of a state Supreme Court versus the authority of a state |
| 1:01.4 | legislature. The case had hand here is North Carolina, but many other states have been |
| 1:06.2 | in the news for reversals or amendations of the state election law. Right now, Richard, |
| 1:13.9 | what do you expect the court to, how do you expect the court to respond to whether the |
| 1:18.0 | state Supreme Court is or is not empowered to correct the state legislature? |
| 1:23.5 | I think they're going to say that that's impromissible, but they're going to have a great deal |
| 1:27.6 | of trouble finding the remedy. Let me go back to the clause to begin with because I think |
| 1:32.4 | there's a surprise at the end. The times, places, manners of holding, stress the word holding |
| 1:37.9 | elections, the centers and representatives shall be prescribed in each state by the legislature |
| 1:42.6 | there will. Okay. Note that what they're talking about is time, place, and manners of holding |
| 1:47.9 | election. I have actually written elsewhere that I don't think holding elections includes |
| 1:53.6 | district and kinds of decisions and that those things would then be left to the state |
... |
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