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Voting Without State Checks and Balances?
Voting Without State Checks and Balances? A Close Look at the Independent State Legislature Theory
Wednesday, November 30, 2022 | 6:00 p.m. - 7:45 p.m.
Online registration is now closed. Please call 212 382 6663 for assistance.
Free for Members | $15 Non-Members
Non-Lawyers and Brennan Center staff, please register
A final confirmation containing the Zoom link and Access Code to join the event will be sent to ALL registrants 2 hours prior to the start of the event.
The Independent State Legislature Theory (ISLT) is front and center in one of this Supreme Court term's most-watched cases,
Moore v. Harper
. In this timely program, prominent scholars and practitioners will dissect the meaning and the import of the ISLT, and will discuss the ramifications of a Supreme Court endorsement of the ISLT in the
case. The ISLT, first proposed in the aftermath of the 2000 election, has gained prominence during litigation over the 2020 election and has been tacitly endorsed by multiple Supreme Court justices. The theory holds that the Electors Clause and the Elections Clause in the U.S. Constitution provide state legislatures with the authority to make decisions relating to federal elections without the oversight of state courts and despite the existence of state constitutional provisions purporting to govern such elections. A broad adoption of the ISLT could impact, for example, states' ability to ban political gerrymandering, and to set up and maintain independent redistricting commissions. This event will explore whether the ISLT has any valid constitutional underpinnings, the historical origins of the relevant constitutional clauses, and the challenges that a
decision relying upon the ISLT would present for our democracy.
Marcy L. Kahn
, Chair, Rule of Law Task Force, Associate Justice, New York Appellate Division, First Department (Retired)
, Professor of Law, Thomas R. Kline School of Law, Drexel University, Visiting Professor of Law, Yale Law School
, Professor of Law, Founder and Co-Director, Institute on the Supreme Court of the United States, Chicago-Kent School of Law
Carter G. Phillips
, Sidley Austin LLP, Counsel of Record for Amicus Curiae Conference of Chief Justices in Moore v Harper
, Deputy Director, Democracy Program, The Brennan Center for Justice
Sponsoring City Bar Committee:
Rule of Law Task Force
, Marcy Kahn, Chair
Co-Sponsoring City Bar Committee:
, Rachael Harding, Chair
The Brennan Center for Justice
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