"Court rejects radical legislative theory, defends democracy"


July 10, 2023

It is difficult to overestimate the importance of the U.S. Supreme Court’s repudiation of the “independent state legislature” theory in Harper v. Moore. The widely-admired conservative judge, J. Michael Luttig, called it “the most important case, since the founding, for American democracy.”

Indeed, nothing less than the preservation of judicial review, checks and balances and the vita...

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