Policy Backgrounders

Supreme Court Reaffirms Federal Power over State Legislatures

June 30, 2023

The US Supreme Court decided the case of Moore v. Harper, a test of the “independent state legislature” (ISL) theory that only the state legislatures—not courts—could determine the manner of both state and Federal elections under the Elections Clause of the Constitution. The Court ruled 6-3 that Federal courts do retain authority over state elections, thus rejecting the ISL theory. Had the case gone the other way, state legislatures could presumably have overridden decisions of state courts regarding the conduct of elections and possibly even have appointed different electors for President than those actually chosen by the state’s voters.

• For the 2024 election, state courts will continue to be able to hear cases regarding the conduct of state elections and possibly invalidate rules made by the legislature, and Federal courts will continue to hear appeals from state court decisions that raise issues under the US Constitution. 

• The decision was bipartisan, with three Justices appointed by each party joining the majority opinion.

• The decision smooths the path to resolving litigation expected to arise out of next year’s election (both before and after the election) and removes one possible danger—that state legislatures might seek to overturn the popular vote in their state.