PODCAST: The Supreme Court and the “Independent State Legislature Theory”: A Discussion with Nicholas Maggio

Summary: In Moore v. Harper, decided last year, the Supreme Court addressed the “independent state legislature theory.”  In a case arising out of an election in North Carolina, proponents of the theory contended that North Carolina’s Supreme Court did not have the authority to review a legal claim that the state legislature had adopted an illegally gerrymandered congressional map.  The Supreme Court rejected the theory by a 6-3 vote in Moore.  In this Touro Law Review podcast, Nicholas Maggio, an attorney who has written about the independent state legislature theory, discusses the case – in particular, its relevance during an election year and its significance for understanding the current Supreme Court – with Associate Dean Rodger Citron. 

Brought to you by the Touro Law Review.   

Learn more about Nicholas Maggio


Nicholas Maggio is an attorney licensed to practice law in New York State and the United States District Court in the Eastern District of New York.  He has served as a prosecutor in the Suffolk County District Attorney’s Office and will be a law clerk for the Hon. ​Victoria Reznik in 2024-25.  Before graduating from Touro Law Center in 2020, he interned with the Southern Poverty Law Center in Jackson, Mississippi, and the New York Civil Liberties Union and was the Editor-in-Chief of the Touro Law Review.