On December 7, 2022, the Supreme Court heard oral argument in Moore v. Harper, a case out of North Carolina about the power of state courts to review election regulations set by state legislatures. At the heart of the case is the “independent state legislature” theory, an interpretation of the Constitution that would give state legislatures essentially the sole power to regulate federal elections and would restrict the involvement from state courts in reviewing those decisions. Joining us to recap the oral arguments in Moore v. Harper is Vikram Amar, dean of Illinois College of Law; and Jason Torchinsky, partner at Holtzman Vogel. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
• Check out What is the “Independent State Legislature Doctrine”? – Part 1 and Part 2 from March 2022 and July 2022, respectively.
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This episode was produced by Melody Rowell and engineered by Dave Stotz. Research was provided by Sophia Gardell, Sam Desai, and Lana Ulrich.
Participants
Vikram Amar is the dean of the Illinois College of Law. He is a co-author (along with Akhil Reed Amar and Steven Calabresi) of the sixth edition of the six-volume Treatise on Constitutional Law (2021). He is also a co-author (along with Jonathan Varat) of Constitutional Law: Cases and Materials (2017), a co-author on multiple volumes of the Wright & Miller Federal Practice and Procedure Treatise (2006), and a co-author (along with John Oakley) of a one-volume treatise on American Civil Procedure (2008) He writes a biweekly column on constitutional matters for Justia.com and a monthly column on legal education for abovethelaw.com.
Jason Torchinsky is a partner at Holtzman Vogel, specializing in campaign finance, election law, lobbying disclosure and issue advocacy groups. He has served as counsel in a number of litigation matters dealing with First Amendment freedoms and election law and redistricting issues, including Harris v. Arizona Independent Redistricting Commission. He has filed numerous amicus briefs with the U.S. Supreme Court, including one on behalf of the National Republican Senatorial and Congressional Committees, which was cited in the Court’s opinion in McCutcheon v. Federal Election Commission.
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
Additional Resources
- Listen to “What is the ‘Independent State Legislature Doctrine’? – Part 1” from March 2022
- Listen to “What is the ‘Independent State Legislature Doctrine’? – Part 2” from July 2022
- Read Jason Torchinsky’s amicus brief in Moore v. Harper on the side of the petitioners, on behalf of the Republican National Committee.
- Read Vikram Amar, Akhil Amar, and Steven Calabresi’s amicus brief in Moore v. Harper in support of the respondents
Transcript
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This transcript may not be in its final form, accuracy may vary, and it may be updated or revised in the future.
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