With their 6-2 ruling in the case of Moore v. Harper, the Supreme Court "forcefully repudiated" the independent state legislature theory, which posits state legislatures can enact elections regulations without being constrained by state constitutions. Professor Vikram Amar is one of the leading scholars on this topic and was an author of an amicus brief submitted to the Court in this case; writing at Justia Verdict, Amar praised the Court's decision to "reject this bizarre theory in no uncertain terms." His article traces some of the history that led to this decision and adds his appreciation for the Justices thoughtful conclusions.

Read his full article at Justia Verdict.