Rick Hasen: “It is indeed a cause for celebration that the United States Supreme Court, on a 6-3 vote in Moore v. Harper, rejected an extreme version of the ‘independent state legislature’ theory that could have upended the conduct of elections around the country and paved the way for state legislatures to engage in election subversion.”
“But after the celebration comes the inevitable hangover, and with all the hoopla it is easy to miss that the Supreme Court has now set itself up, with the assent of the liberal justices, to meddle in future elections, perhaps even deciding the outcome of future presidential elections (as it has done in the past). Chief Justice John Roberts drove a hard bargain.”
