Moore v. Harper (21-1271)
argument 21-1271Moore v. Harper
Supreme Court of the United States
2h 53m
8 speakers
7 chapters
transcribed 7 days ago
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Transcript
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Transcript generated automatically by AI and may contain errors.
What is the opening argument about the Elections Clause and state legislatures?
We will hear argument this morning in case twenty one twelve
seventy one, Moore versus Harper. Mr Thompson. Mr. Chief Justice, and may it please the Court, the Elections Clause requires State Legislatures specifically to perform the Federal function of prescribing regulations for Federal elections. States lack the authority to restrict the legislature's substantive discretion when performing this federal function. As Alexander Hamilton wrote in Federalist 78, The scope of legislative authority is governed by the commission under which it is exercised. Here, that commission is contained in the United States Constitution, and it is federal law alone that places substantive restrictions on states' legislatures performing the task assigned them by the Federal Constitution.
The most prominent discussion of the elections clause in the early Republic occurred during Massachusetts 1820 Constitutional Convention. Joseph Story, then a sitting justice on this court, explained that a proposed constitutional amendment requiring representatives to be elected in districts would violate the elections clause because that clause vested state legislatures, quote, with an unlimited discretion in the subject. Just Story's view was an echo of Alexander Hamilton's father-in-law, Senator Philip Schuyler, who took the exact same position on behalf of the entire New York State Senate just one month after the ratification of the Constitution. And for the first 140 years of the Republic, there was not a single State Court that invalidated on substantive grounds any.
Any congressional redistricting plan. This court's decision in lesser teaches that the founders tasked state legislatures with federal functions that transcend any substantive limitation sought to be imposed by the people of the state, and I welcome the court's questions.
Uh counsel, uh this case is from a state supreme court. Um that interpreted and applied a state constitution. Uh so it would be help be helpful if you would take some time to explain uh what we're what exactly we are reviewing, what decision we're reviewing, and uh what is the basis of our jurisdiction.
Yes, Your Honor. Thank you. So uh the court is reviewing uh the decision. There was an order on February 4th of the North Carolina Supreme Court, and it was accompanied ten days later by a written opinion. And in that written opinion, there was a liability determination that the elections clause did not apply. And importantly, there was also a remedial determination. And we can see this at Petition Appendance. Where it empowered the North Carolina Supreme Court, empowered the lower State Court to draw the maps if necessary. And so that is a final order of the North Carolina Supreme Court, and it passed on the relevant questions. In addition, there's a second final order, which is on February 23rd, there was a denial of a stay application, and that too is
is a final order of this court.
We don't normally review state Supreme Court's uh uh interpretations of state constitutions. So what I'm looking for is h why for example, if this were a case about a state legislator. uh or a legislative district. Um I'm I'd it'd be doubtful that you'd be here under the state constitution. So uh I'm looking for an explanation as to why this case is here and what's the jurisdiction for this case. How does it differ from a purely state c case?
Well, Your Honor, our our position on the merits is to take as given state law as interpreted by the North Carolina Supreme Court. We're not asking this court to second guess or reassess, we say take the North Carolina Supreme Court's decision on face value, uh and it's fairly reflecting uh North Carolina law, and when one does that we see that there's a violation of the elections clause a and and that's why we're here.
You concede that uh state legislative action under the uh uh elections clause is subject to uh a governor's veto, right? Yes, Your Honor. Well the governor is not part of the legislature. Why is why why why do you uh concede that point?
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Chapters
7 chapters
1
What is the opening argument about the Elections Clause and state legislatures?
0:00–11:32
2
How do the parties explain the jurisdiction and procedural versus substantive limits on state action?
11:32–26:24
3
Why is the governor’s veto power considered a procedural or substantive constraint?
26:24–1:09:55
4
What historical examples do the advocates use to support their view of the Elections Clause?
1:09:55–1:27:59
5
How do the justices compare the federal election issue to Bush v. Gore and Smiley?
1:27:59–1:43:02
6
What standard of review do the parties propose for state court decisions under the Elections Clause?
1:43:02–2:25:20
7
How is the historical origin of the Free Elections Clause used to justify state legislative authority?
2:25:20–2:53:46