Luttig: SCOTUS appears to have no appetite for Independent Legislature Theory

Last week, the Supreme Court heard arguments in the monumental Moore v. Harper case. The plaintiffs - Republican state legislators from North Carolina - are using the extremely fringey Independent State Legislature Theory to ask the Supreme Court for unfettered authority to set the rules for voting and elections. Judge J. Michael Luttig, a former federal appeals court judge and a conservative, says it’s rare to be able to “devine what any justice, let alone the court, is thinking from their questions.” But after Wednesday’s arguments, he was left with “the clear impression that the Court as a whole has no appetite for the Independent State Legislature Theory.”Dec. 10, 2022