In June, the Supreme Court agreed to hear 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 so-called “independent state legislature” theory, which has gained popularity in some limited circles. The Supreme Court will now directly address it when it hears arguments in the case next term.
Joining us to examine the arguments for and against the independent state legislature theory is Vikram Amar, dean of Illinois College of Law and co-author of an article in the Supreme Court Review that’s critical of the theory; and Jason Torchinsky, partner at Holtzman Vogel, and author of an amicus brief in Moore v. Harper on the side of North Carolina, on behalf of the National Republican Redistricting Trust. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
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This episode was produced byMelody Rowell and engineered by Greg Scheckler. Research was provided by Vishan Chaudhary, Eliot Peck, Colin Thibault, 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 NRSC and NRCC 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
- Read Jason Torchinsky’s amicus brief in Moore v. Harper, on behalf of the National Republican Redistricting Trust
- Read Vikram Amar and Akhil Amar’s article, “Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish,” in The Supreme Court Review.
TRANSCRIPT
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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