2022 Supreme Court Preview Moot Court
On Friday, September 16, 2022 at 4:05pm, the Supreme Court Preview will feature a moot court of Moore v. Harper, the independent state legislature case. In Moore, the Supreme Court will hear a case arising from North Carolina’s efforts to draw new congressional maps in response to the 2020 census. Petitioners invoke the “independent state legislature doctrine” which is the idea that, under the U.S. Constitution, only the state legislature has the power to regulate federal elections, without interference from state courts.
Please note that the Supreme Court Preview's annual Moot Court is an educational role-playing exercise only and does not necessarily reflect the views of the participants.
Moore v. Harper (No. 21-1271)
Issues: (1) Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.
Lower Court Opinion
- Harper v. Hall (The Supreme Court of North Carolina)
Party Briefs
- Petition for Writ of Certiorari by Moore, et al.
- Brief of Respondents Harper, et al. in opposition
- Reply Brief of Petitioners Moore, et al.
Supplemental Materials
- Overview of Moore v. Harper- SCOTUSblog
- Supreme Court to Hear Case on State Legislatures’ Power Over Elections - Adam Liptak, New York Times
- Broad repercussions are expected from a Supreme Court voting case decision next term – Melissa Murray, NPR
- Supreme Court to review state legislatures’ power in federal elections – Robert Barnes, Washington Post
- Supreme Court to take on controversial election-law case – Nina Totenberg