The Lawfare Podcast: Dissecting the Oral Arguments in Moore v. Harper

Jen Patja, Scott R. Anderson, Ned Foley, Derek Muller
Thursday, December 8, 2022, 12:00 PM
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On Wednesday, the Supreme Court heard oral arguments in what may be the biggest case of the term: Moore v. Harper. In that case, North Carolina’s state legislature is arguing that the state Supreme Court lacks the legal authority to review the heavily gerrymandered congressional districts it has enacted, on the grounds that the Constitution's elections clause gives that authority exclusively to the state legislatures—an argument often referred to as the independent state legislature doctrine, which many fear may undermine state law election protections around the country if taken up by the Court.

To discuss, Lawfare senior editor Scott R. Anderson sat down on Twitter Spaces with Professor Ned Foley of The Ohio State University Moritz College of Law, and Professor Derek Muller of the University of Iowa College of Law. They discussed where the justices seem to be leaning, how they may resolve different aspects of the party's arguments, and what it all might mean for 2024.

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Jen Patja

Jen Patja

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Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Scott R. Anderson

Scott R. Anderson

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Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
Ned Foley

Ned Foley

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Ned Foley holds Ohio State University’s Ebersold Chair in Constitutional Law and directs its election law program. He currently is a Guggenheim Fellow and Visiting Professor at University of Arizona’s law school. He is the author of Ballot Battles: The History of Disputed Elections in the United States (Oxford University Press, revised edition 2024), and Presidential Elections and Majority Rule (Oxford University Press, 2020). He writes about improving electoral procedures at Common Ground Democracy.
Derek Muller

Derek Muller

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Derek Muller is a professor at the University of Iowa College of Law.

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