Center for American Progress

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

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.

Part of a Series

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.

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Michael Sozan

Senior Fellow


Ala Al Sadi

Former Former Video Producer

Hai-Lam Phan

Senior Director, Creative

Toni Pandolfo

Video Producer, Production


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

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.


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