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Moore v Harper Was a Win for Democracy, A Big Loss For Donald Trump
Amicus With Dahlia Lithwick | Law, justice, and the courts
The Independent State Legislature Theory
The dissenters today are justices Alito, Gorsuch, and Thomas. Part of that, they think that the case should have been dismissed as moot because the North Carolina Supreme Court flipped in the intervening period. I don't know that we can say that, Dalia. Never before had the court or any of it is justices in prior courts been presented with this version of the independent state legislature theory. When they had commented previously, including the comments by Chief Justice Rancquis Scalia and Thomas, no one had been thinking anything like the argument that was made by the court petitioners in this case.
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