Reflections on Winning Moore v. Harper

This Supreme Court case could have ended much about our American democracy

I woke up this morning to the news that we won Moore v. Harper, a case I argued in December at the Supreme Court.

In a 6-3 decision authored by Chief Justice Roberts, the Supreme Court in Moore v. Harper powerfully rejected the independent state legislature theory.  The Court adopted the arguments made by my client Common Cause in every material respect.  Following the Court’s decision, it is clear that state legislatures must comply with state constitutions when engaged in congressional redistricting.  State courts may exercise judicial review to ensure that state legislatures do not violate state constitutional provisions.  And federal courts in turn may review state court decisions to ensure they do not circumvent federal constitutional requirements.  

People, including people on our side of the v., didn’t believe we could win. They wanted to try to get rid of the case.  Those arguments were wrong, and misguided, and stand as a powerful lesson that through careful study of the US Supreme Ct’s decisions, litigants can win cases that stand up for our democracy.

For those who want to know more about the Supreme Court decision today in Moore v. Harper, this piece by Judge Luttig is perfect. https://www.theatlantic.com/ideas/archive/2022/10/moore-v-harper-independent-legislature-theory-supreme-court/671625