EA - Forecasts on Moore v Harper from Samotsvety by gregjustice

Link to original article

Welcome to The Nonlinear Library, where we use Text-to-Speech software to convert the best writing from the Rationalist and EA communities into audio. This is: Forecasts on Moore v Harper from Samotsvety, published by gregjustice on March 20, 2023 on The Effective Altruism Forum.[edited to include full text]DisclaimersThe probabilities listed are contingent on SCOTUS issuing a ruling on this case. An updated numerical forecast on that happening, particularly in light of the NC Supreme Court’s decision to rehear Harper v Hall, may be forthcoming.The author of this report, Greg Justice, is an excellent forecaster, not a lawyer. This post should not be interpreted as legal advice. This writeup is still in progress, and the author is looking for a good venue to publish it in.You can subscribe to these posts here.IntroductionThe Moore v. Harper case before SCOTUS asks to what degree state courts can interfere with state legislatures in the drawing of congressional district maps. Versions of the legal theory they’re being asked to rule on were invoked as part of the attempts to overthrow the 2020 election, leading to widespread media coverage of the case. The ruling here will have implications for myriad state-level efforts to curb partisan gerrymandering.Below, we first discuss the Independent State Legislature theory and Moore v. Harper. We then offer a survey of how the justices have ruled in related cases, what some notable conservative sources have written, and what the justices said in oral arguments. Finally, we offer our own thoughts about some potential outcomes of this case and their consequences for the future.BackgroundWhat is the independent state legislature theory?Independent State Legislature theory or doctrine (ISL) generally holds that state legislatures have unique power to determine the rules around elections. There are a range of views that fall under the term ISL, ranging from the idea that state courts' freedom to interpret legislation is more limited than it is with other laws, to the idea that state courts and other state bodies lack any authority on issues of federal election law altogether. However, “[t]hese possible corollaries of the doctrine are largely independent of each other, supported by somewhat different lines of reasoning and authority. Although these theories arise from the same constitutional principle, each may be assessed separately from the others; the doctrine need not be accepted or repudiated wholesale.”1The doctrine is rooted in a narrow reading of Article I Section 4 Clause 1 (the Elections Clause) of the Constitution, which states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”2 According to the Brennan Center, this interpretation is at odds with a more traditional reading:The dispute hinges on how to understand the word “legislature.” The long-running understanding is that it refers to each state’s general lawmaking processes, including all the normal procedures and limitations. So if a state constitution subjects legislation to being blocked by a governor’s veto or citizen referendum, election laws can be blocked via the same means. And state courts must ensure that laws for federal elections, like all laws, comply with their state constitutions.Proponents of the independent state legislature theory reject this traditional reading, insisting that these clauses give state legislatures exclusive and near-absolute power to regulate federal elections. The result? When it comes to federal elections, legislators would be free to violate the state constitution and state courts couldn’t stop them.Extreme versions of the theory would block legislatures from delegating their authority to officials like governors, secretaries of state, or election commissioners, who currently play important roles in administering elections.3The doctrine, which governs the actions of state cou...