Thanks for the taking a closer look at the partisan implications of Moore v Harper (NC apologizes, again....), but could you address the impact on election procedures more generally? As I understand it, the independent state legislature takes courts out of federal (biennial) elections entirely. There are lots of ways for legislatures to put their thumbs on the election scales other than gerrymandering (voting schedules, absentee rules, all that "targeting Black voters with surgical precision" stuff). This case could pretty much let them run wild on all those important "time and manner" details without worrying that state courts would put a check on their election-rigging.
That is a huge topic. I recommend two essays by Rick Pildes of NYU Law School. Among other things, I gather that (a) the doctrine would upend enormous swaths of election administration and voting rights, (b) it might lead to separate treatment of state and federal elections, and (c) legislatures do still have to comply with federal law.
Thanks for the taking a closer look at the partisan implications of Moore v Harper (NC apologizes, again....), but could you address the impact on election procedures more generally? As I understand it, the independent state legislature takes courts out of federal (biennial) elections entirely. There are lots of ways for legislatures to put their thumbs on the election scales other than gerrymandering (voting schedules, absentee rules, all that "targeting Black voters with surgical precision" stuff). This case could pretty much let them run wild on all those important "time and manner" details without worrying that state courts would put a check on their election-rigging.
That is a huge topic. I recommend two essays by Rick Pildes of NYU Law School. Among other things, I gather that (a) the doctrine would upend enormous swaths of election administration and voting rights, (b) it might lead to separate treatment of state and federal elections, and (c) legislatures do still have to comply with federal law.
The two essays are here:
https://electionlawblog.org/?p=131074
https://electionlawblog.org/?p=131215