SCOTUS

A Victory for Democracy in the Supreme Court

June 27 marked a significant victory for democracy as the Supreme Court, in a 6-3 ruling, decisively rejected an indefensible interpretation of the Constitution's Elections Clause — known as the independent state legislature theory. This theory proposes that state legislatures can regulate elections unrestricted by state constitutional provisions, state courts, or even potentially, a governor's veto.

Leadership Now was proud to submit an amicus brief to the Supreme Court in Moore v. Harper with the support of pro bono counsel from Covington and Burling LLP. Our brief distinctively argued that independent state legislatures could pose substantial threats to businesses and markets through gerrymandering and election interference.

With this victory and the successful reforms to the Electoral Count Act last year, we’ve been a part of bringing about real and significant changes to diminish election risks in 2024.

Leadership Now remains committed to advocating for certainty and stability in our elections and upholding the rule of law. We will persist in presenting the business case for these crucial democratic principles.

Leadership Now Files an Amicus Brief in Moore v. Harper

On October 26, Leadership Now filed an amicus brief in the Supreme Court case Moore v. Harper, which could give state legislatures unprecedented control over elections.

This case relies on an untenable interpretation of the Constitution's Elections Clause, referred to as the independent state legislature theory. Independent state legislature theory holds that state legislatures may regulate elections without the constraint of state constitutional provisions, state courts, or potentially a governor's veto. Learn more here

Leadership Now joined more than 60 groups and individuals submitting amicus briefs, including former generals, state attorneys general, Arnold Schwarzenegger, and the US solicitor general herself. Our brief uniquely makes the case that independent state legislatures would create substantial risks to businesses and markets through gerrymandering and election interference. 

Oral arguments for the case start on December 7.