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Dissecting the Oral Arguments in Moore v. Harper

The Lawfare Podcast

CHAPTER

The Bush Versus Gore Theory

The U.S. Supreme Court would be making the decision on what's, what's permissibly judicial or not. In other words, even if a state Supreme Court said, we like the Rucho dissent that Justice Kagan was, this position would take that off the table. The majority of the court seems more inclined toward a fairly narrow position with this sort of escape hatch in a subset of circumstances.

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