Going into the oral arguments for Moore v Harper on Wednesday, it was easy to forget just how radical and strange it was that the US supreme court was hearing the case in the first place.
Moore v Harper has come to be seen as an existential threat to functioning democracy in America, in no small part because, in the hands of insurrectionists like Eastman, the tenets of the independent state legislature theory have already become fodder for an attempted coup. But it seems that what might decide the fate of the theory is not its threat to the integrity of implementation but practical matters of applicability.
