On March 2nd, 2023, the Supreme Court issued the following order in Moore v Harper.
The parties and the Solicitor General are directed to file supplemental letter briefs addressing the following question: What is the effect on this Court’s jurisdiction under 28 U. S. C. §1257(a) and Cox Broadcasting Corp. v. Cohn, 420 U. S. 469 (1975), of the North Carolina Supreme Court’s February 3, 2023 order granting rehearing, and any subsequent state court proceedings? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, March 20, 2023.
During oral arguments, most of the conservative Justices were dubious of North Carolina’s Independent State Legislature Theory and the reconsideration of the case by the now Republican controlled North Carolina Supreme Court gives the United States Supreme Court an OUT from this case.
I suspect the Supreme Court will end up dismissing certiorari as improvidently granted, thus burying ISLT for good.
