RemillardJun 27, 2023

Supreme Court Rejects Right-Wing ‘Theory’ That Would Have Upended American Elections

The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures. #politics

https://talkingpointsmemo.com/news/supreme-court-independent-state-legislature-reject

Supreme Court Rejects Right-Wing ‘Theory’ That Would Have Upended American Elections

The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.

TPM – Talking Points Memo
Show threadslicedcheesegremlin
could someone tl;dr what exactly this was, and what it would do?
Jun 27, 2023 at 11:20pmWeb
Show threadChetzemokaJun 28, 2023

SCOTUS just soundly rejected an idea called "independent state legislature theory" in a case called Moore v. Harper. Here's a good summary of the implications if it had been upheld:

"Proponents of the independent state legislature theory reject this traditional reading, insisting that these clauses give state legislatures exclusive and near-absolute power to regulate federal elections. The result? When it comes to federal elections, legislators would be free to violate the state constitution and state courts couldn’t stop them."

https://www.brennancenter.org/our-work/research-reports/independent-state-legislature-theory-explained

The ‘Independent State Legislature Theory,’ Explained

This dubious legal theory could have dramatic consequences for elections.

Brennan Center for Justice