https://conservativebrief.com/court-hearing-73315/
Supporters of the independent legislature theory say that it’s based on a strict interpretation of the Constitution’s elections clause: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
Mostly conservative experts and organizations have said the outcome of the case is vitally important in the wake of the 2020 election when a number of state courts and governors signed off on changes to voting procedures due to the COVID pandemic.
Jason Snead of the Honest Elections Project previously told the Examiner that a ruling discounting the theory could “leave the door wide open to the Left’s anti-democracy campaign, which has saturated the courts with politicized lawsuits and introduced chaos to our elections.”
But leftist legal experts do not want the high court to rule at all.
“The letter my firm filed today in the dangerous Independent State Legislature theory case (Moore v. Harper) was short, sweet, and 100% correct. ‘The Harper Respondents believe there is no non-frivolous basis for jurisdiction here,'” tweeted Marc Elias, a prominent lawyer who has done work on behalf of the Democratic National Committee and whose name was linked to the 2016 Clinton campaign.
Others, however, want the high court to issue a definitive ruling on the matter.
“I at least want them to deal with the bomb before the ’24 elections,” Justin Levitt, a professor at Loyola Law School who advised the Biden White House, told Politico.
“Backed by Republican leaders at N.C. General Assembly, the crux of the argument is that they and all other state legislators should have much broader power to write election laws, with courts mostly not allowed to stop them by ruling their actions unconstitutional,” the New Yorker reported in March.