As the Supreme Court prepares to hear arguments in the next session in Moore v. Harper, which will test the independent state legislature theory, Dean Vikram Amar has emerged as one of the foremost scholars on this topic. In an article explaining the independent state legislature theory and its history at The Atlantic, authors Thomas Wolf and Ethan Herenstein reference several foundational works of research, including Amar's article "Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish," which was co-written with his brother, Akhil Amar, and published in the 2021 Supreme Court Review I. The authors' conclude, similar to Amar, that the independent state legislature theory represents a sincere threat to the US democracy: "Any justice ultimately seeking to write an opinion in favor of the independent-state-legislature theory will struggle to produce a credible one in the face of the overwhelming facts."
Read the full article at The Atlantic.