Affirmative Retraction
Talking Feds
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More v Harper: A Counterpoint to the Independent State Legislature Doctrine
I think they had to address it because just the sort of anti-democratic underlay of the independent state legislature theory slash fan fiction was so pernicious that I think it had to be addressed. But I don't think this was an alloid victory for democracy I mean I think this should have been shut down and they did shut down the most extreme version of this theory. The court kind of widened the overton window and seemed to be crediting a theory from Renquist's concurrence in Bush versus Gore back in 2000 but there's also a role for us to play in checking state courts.
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