[EL] New York's congressional maps struck down

[Mark Scarberry]

As I've argued several times on this list and on the conlawprof list, there
are good reasons for distinguishing between I.4.i.  (at issue here with
regard to congressional elections) and II.1.ii. (the presidential electors
clause) with regard to potential application of what has become known as
the independent state legislature doctrine. There is a substantially
stronger argument for applying it in the context of choice of presidential
electors. I won't repeat the analysis at this point.

Mark

[image: Pepperdine wordmark]*Caruso School of Law*

*Mark S. Scarberry*

*Professor of Lawmark.scarberry at pepperdine.edu
<mark.scarberry at pepperdine.edu>*
Personal: mark.scarberry at gmail.com




On Fri, Apr 1, 2022 at 3:37 PM Chin, Andrew <chin at unc.edu> wrote:

> Is an order for “bipartisanly supported maps” any more consistent with the
> independent state legislature theory than the enactment of a court-drawn
> map?
>
> Andrew Chin
> Paul B. Eaton Distinguished Professor
> University of North Carolina School of Law
> 160 Ridge Road, CB #3380
> Chapel Hill, NC 27599-3380
> AndrewChin.com
> (he)
> _______________________________________________
> Law-election mailing list
> Law-election at department-lists.uci.edu
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