United States Supreme Court – Moore v. Harper Amicus Brief Filed

On October 26th, 2022, the State Democracy Research Initiative filed an amicus brief in the U.S. Supreme Court case Moore v. Harper. Our faculty co-directors Miriam Seifter and Robert Yablon were joined by ten other state constitutional law scholars. Staff Attorneys Dustin Brown and Emily Lau also contributed significantly to the creation and filing of the amicus brief. Our brief explains that the Elections Clause does not exempt legislatures from state constitutional constraints when they regulate congressional elections. We focus on the problems with trying to classify state constitutional provisions as “substantive” or “open-ended.” We also explain that Petitioners’ half-independent state legislature theory ignores historical context. State constitutions have addressed congressional elections throughout U.S. history, and the Framers of the U.S. Constitution were critical of unchecked state legislative power.