HEP had for years submitted amicus briefs to the Supreme Court advocating the ISL. In June 2022, the Court agreed to hear Moore v. Harper, a case brought by the North Carolina Republican Party, during its next term beginning October 2022. At least four justices had previously signaled support for using the case to rule in favor of ISL. J. Michael Luttig, a former federal appeals court judge who is highly regarded in conservative legal circles, remarked, "Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine ... and Congress amends the Electoral Count Act to constrain Congress' own power to reject state electoral votes and decide the presidency." He testified weeks later during a January 6 committee hearing that "Donald Trump and his allies and supporters are a clear and present danger to American democracy."
