U.S. Supreme Court,
Government
Dec. 7, 2022
"Moore" deference could lead to more gerrymandering
Should the Court adopt this rationale in Moore, it is essential that the precise meaning of "some deference" be clearly stated, otherwise disruptive wide-ranging litigation, false elector schemes, and partisan gerrymandering to intrench legislator's will continue to tear at the fabric of our democracy.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
The U.S. Supreme Court is poised to hear oral arguments in Moore v. Harper (No. 21-1271). The case has the potential to radically change the state regulation of federal elections. J. Michael Luttig, a respected republican who sat on the Fourth Circuit Court of Appeals for fifteen years, argues that Moore is the most important case since America's founding. More than 60 amicus briefs have been filed with the Court. A decision is expected before the summer...
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