June 27, 2023

ACS Statement in Response to SCOTUS Decision in Moore v. Harper

Nancy Rodriguez, media@acslaw.org

Washington, DC – In response to the Supreme Court’s 6-3 decision in Moore v. Harper, the American Constitution Society released the following statement:

“The independent state legislature theory is a dangerous and undemocratic fiction," said ACS President Russ Feingold. "We are relieved to see the Supreme Court uphold the role of judicial oversight by state courts and reject the notion that a state legislature can act without restraint when it comes to federal elections.”

“As the majority opinion points out, even using the Roberts Court's preferred 'history and tradition' analysis, the independent state legislative theory fails to hold water,” said Lindsay Langholz, ACS Senior Director of Policy and Program. “This decision is a win for state courts, which are vital in preserving the guardrails of our democracy, particularly in enforcing state constitutional protections of the right to vote.”


The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that strengthen our democratic legitimacy, uphold the rule of law, and redress the founding failures of our Constitution and enduring inequities in our laws in pursuit of realized equality. For more information, visit us at www.acslaw.org or on Twitter @acslaw.