Supreme Court Decision in Moore v. Harper Could Harm Free and Fair Elections

This video explainer details the facts behind the Moore v. Harper case, its underlying arguments, and the harmful consequences for democracy if the Supreme Court's conservative majority overlooks history and precedent.

Restoring Social Trust in Democracy, Democracy, Elections, Supreme Court, Voting Rights +2 More

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Moore v. Harper

The U.S. Supreme Court is pictured at sunset on January 27, 2022.

Moore v. Harper

In this video, the Center for American Progress unpacks the arguments in Moore v. Harper, a case with the potential to upend free and fair elections. As explained in the video, if the court’s extreme conservative majority adopts the reckless independent state legislature theory, partisan state legislators could have limitless power to craft election laws and draw rigged congressional maps.

The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. American Progress would like to acknowledge the many generous supporters who make our work possible.

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Michael Sozan

Senior Fellow

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Ala Al Sadi

Former Video Producer

Hai-Lam Phan

Senior Director, Creative

Toni Pandolfo

Video Producer, Production

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Democracy Policy

The Democracy Policy team is advancing an agenda to win structural reforms that strengthen the U.S. system and give everyone an equal voice in the democratic process.

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Moore v. Harper

SeriesDecember 6, 2022

Moore v. Harper

The U.S. Supreme Court is considering the blockbuster case of Moore v. Harper. At the center of this democracy-related case is a lawless theory, which, if adopted, could hand partisan state legislators potentially limitless power to manipulate rules for federal elections and draw unfair congressional maps. This independent state legislature (ISL) theory, which even many conservative experts deem meritless, could undermine free and fair elections and threaten a giant step backward for a truly representative democracy.

9 Ways the Supreme Court’s Decision in Moore v. Harper Could Harm Democracy

The U.S. Supreme Court building is pictured at sunrise.

9 Ways the Supreme Court’s Decision in Moore v. Harper Could Harm Democracy

Supreme Court Oral Arguments in Moore v. Harper Discredit Election Theory That Could Undermine Democracy

Photo shows a partial view of the Supreme Court building illuminated by late-afternoon light, with trees partly obstructing the view.