Neal Katyal, partner with Hogan Lovells in Washington. Photo: Diego M. Radzinschi/ALM Supreme Court Settles Election Law Debate Ahead of 2024
While most respondents urged the court to deem the appeal moot, Common Cause's attorney Neal Katyal pressed the justices to reject the election theory before next year's election. The strategy paid off.
June 27, 2023 at 05:43 PM
5 minute read
The U.S. Supreme Court on Tuesday repudiated the argument that the Constitution strips state courts of the power to review voting laws passed by state legislatures, taking that issue off the table in upcoming litigation over the 2024 elections.
The court's 6-3 ruling in Moore v. Harper was hailed by voting rights advocates as a win for democracy that preserves the role of state judges in ferreting out discriminatory or otherwise unfair rules passed by state lawmakers. At the same time, Chief Justice John Roberts Jr.—writing for the majority—did acknowledge that state judges do not have "free reign" to rewrite election laws from scratch.
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