In Moore v. Harper—scheduled for oral argument on Wednesday, Dec. 7—the Supreme Court will decide whether to resurrect the previously dead “Independent State Legislature Theory”–in a way that some commentators believe may pose “an existential threat to our democracy” and could enable “the Republican blueprint to steal the 2024 election.”
Proponents of the “ISLT”–Independent State Legislature Theory–believe that the U.S. Constitution bestows unreviewable power upon state legislatures to determine how congressional elections–and by extension Presidential elections–are conducted.
The case is so controversial that more than 70 amicus briefs–“friends of the court”–have been submitted, including everyone from former California Gov. Arnold Schwarzenegger to the ACLU, with 48 of them being opposed to the legitimacy of the ISLT.
