How the ‘independent state legislature’ theory, now rejected by SCOTUS, fueled chaos in 2020 and could influence 2024 – By Marshall Cohen (CNN) / June 27, 2023
CNN – The Supreme Court on Tuesday rejected a controversial legal theory that would’ve given partisan state lawmakers nearly unchecked power over US elections.
Former President Donald Trump and his staunch allies used the now-rejected “independent state legislature” theory to justify their attempts to overturn the 2020 election. And many Trump critics warned that, without action from the Supreme Court, these same vulnerabilities would threaten the 2024 election.
In a case about North Carolina redistricting, the Supreme Court ruled that state courts and other state entities can review laws passed by state legislatures setting rules for federal elections. The court’s majority – a coalition of three conservatives with the three-justice liberal bloc – rejected the GOP-backed theory that elected politicians have unreviewable authority to set election rules.
One of the reasons Republicans might want to shift power to state legislatures is because their party has a structural advantage on that front. Republicans currently control the legislatures in four states that Joe Biden carried in 2020 – Georgia, Arizona, Wisconsin and New Hampshire – and they control two additional statehouses in the battleground states of North Carolina and Florida.
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