October Term 2022 · Docket 21-1271

Can state courts limit legislative election rules?

the sides that brought the case claim state courts cannot restrict legislative election rules. the opposing sides argue state courts can enforce constitutional limits.

Official caption
Moore v. Harper
Latest argument session
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Official Transcript

Verified source milestones

  1. — An official oral-argument transcript was verified.
  2. — An official oral-argument transcript was verified.
  3. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    Mr. Thompson argued the Elections Clause requires state legislatures to prescribe federal election regulations.

    Mr. Verrilli argued the sides that brought the case' view conflicts with the Smiley precedent.

    Mr. Katyal argued states have not read the Elections Clause this way for 233 years.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

The dispute centers on the Elections Clause. the sides that brought the case argue it grants exclusive power to state legislatures. the opposing sides argue state courts can review legislative actions.

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How the case got here

The Supreme Court heard oral argument in this case on December 7, 2022.

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What each side wants

the sides that brought the case want the Court to reverse the lower court decision.

the opposing sides want the Court to affirm the lower court decision.

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What each side says

the sides that brought the case argue the Elections Clause bars state courts from restricting legislative discretion.

the opposing sides argue state courts can enforce constitutional limits on legislative actions.

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What the justices asked

Chief Justice Roberts asked why the governor is not part of the legislature.

Justice Jackson asked where the entity's power to make determinations comes from.

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Why it matters

This case defines the balance of power between state legislatures and courts. It determines who controls federal election rules. The outcome shapes state constitutional authority.

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What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

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Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

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