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Election Law Blog: Moore v. Harper and the Purcell Principle

Rob Yablon 06.29.23

Commentary on Moore v. Harper has not yet focused on how the Purcell principle might shape what comes next. Litigants will no doubt soon be arguing that state courts (and potentially other state actors) have “transgress[ed] the ordinary bounds of judicial review” in ways that encroach upon the Elections Clause authority of state legislatures. The destabilizing effect of Moore will depend in substantial part on how the Supreme Court ultimately chooses to distinguish the “ordinary” from the out-of-the-ordinary. But it will also depend on how the Purcell principle is applied (or not applied) to Moore claims. There are no guarantees, but if existing practice is a guide, Purcell should limit the extent to which federal courts countermand the pre-election rulings of state courts.