Document Type
Brief
Case Name
Timothy K. Moore v. Rebecca Harper
Publication Date
10-26-2022
Abstract
No. 21-1271
Timothy K. Moore v. Rebecca Harper
On Writ of Certiorari to the Supreme Court of North Carolina
From the Summary of Argument
The petition for certiorari in this case presents the question whether the phrase “Legislature thereof” in the Elections Clause of the Constitution bars state courts from regulating the contours of Congressional redistricting pursuant to state constitutions. But Congress has spoken, too. It has regulated the manner of drawing congressional districts by federal statute. See 2 U.S.C. § 2c. Congressional redistricting in a State now takes place pursuant to this federal statutory directive, which contemplates a role for state courts applying state constitutions. This case, therefore, can and should be resolved by analyzing § 2c as a proper exercise of Congress’s power under Article I, § 4 of the Constitution. The lower court did not address that question, which would obviate the need to address the broader issue raised by the petition. The North Carolina Supreme Court’s decision should be affirmed on this alternative ground.
Recommended Citation
Sullivan, Daniel M.; Horowitz, Daniel M.; and Muller, Derek T., "Brief for Amicus Curiae Professor Derek T. Muller in Support of Respondents" (2022). Court Briefs. 84.
https://scholarship.law.nd.edu/sct_briefs/84
Included in
Constitutional Law Commons, Courts Commons, Election Law Commons, State and Local Government Law Commons, Supreme Court of the United States Commons
Comments
Derek T. Muller is the Ben V. Willie Professor in Excellence and Professor of Law at University of Iowa College of Law. He teaches and writes about election law and federal courts. Accordingly, he has an interest in the resolution of this case within the appropriate legal framework.
Table of Authorities includes:
Derek T. Muller, Chameleon Congressional Districts, 64 St. Louis U. L.J. 673 (2020).
Derek T. Muller, Electoral Votes Regularly Given, 55 Ga. L. Rev. 1529 (2021).
Derek T. Muller, Faith in Elections, 36 Notre Dame J.L. Ethics & Pub. Pol’y 641 (2022).
Derek T. Muller, Legislative Delegations and the Elections Clause, 43 FLA. ST. U. L. REV. 717, 737– 38 (2016).
Derek T. Muller, Reducing Election Litigation, 90 Fordham L. Rev. 561 (2021).
Derek T. Muller, The Electoral College and the Federal Popular Vote, 15 Harv. L. & Pol’y Rev. 129 (2021).
Derek T. Muller, Weaponizing the Ballot, 48 Fla. St. U. L. Rev. 61 (2021).