It is always darkest–right before it gets pitch-black.
Sadly, that is also true in constitutional law. The case in point is Moore v. Harper, pending before the U.S. Supreme Court. That the Supreme Court even took this case begs a conclusion that the conservative fix is in and that the Court will decide before the summer of 2023 what J. Michael Luttig (former 4th Circuit Court Judge, appointed in 1991 by President George H.W. Bush) has described as “the most important case for American democracy in the almost two and a half centuries since America’s founding.”
Moore involves whether the Election Clause (Article I, section 4 of the Federal Constitution) validates the Independent State Legislature (ISL) theory. Not surprisingly, ISL has been and is being promoted by Donald Trump as part of the Big Lie and his effort to subvert Joe Biden’s win of the 2020 presidential election (by both the popular and electoral college votes).
