In its December Sitting, the Supreme Court heard much-anticipated arguments in the case of Moore v. Harper, in which the justices must weigh the validity of the "independent state legislature" theory. In his analysis of the argument, Dean Vikram Amar explained that a consensus was not evident among the court's 6 conservatives and 3 liberals. However, while a majority might be predisposed to reject the premise of the theory because of powerful originalist and precedent-based arguments, some justices "might nonetheless be interested in retaining a somewhat vigorous role for the U.S. Supreme Court to police state-court interpretations of state constitutions." While Amar's analysis does not presume to know how the justices will eventually rule, he provides several important considerations to keep in mind while waiting for the final decision.

Read his full analyis at Justia Verdict.