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.

      • @Aezora
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        31 year ago

        I could be wrong, but I don’t think the decision would have extended to the actual voting rights. At least directly.

        Like they wouldn’t be able to make a law saying that black people can’t vote; after all, it’s only “time, places and manner”, which in no way includes who. But they could make it much, much harder for specific groups of people to vote.

        • BraveSirZaphod
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          fedilink
          31 year ago

          The nightmare scenario was that a highly gerrymandered state legislature could simply ignore the voice of its voters and direct its electors in the Electoral College to vote for a Republican regardless. It is a plausible textualist reading of the Constitution, though obviously very counter to actual practice.

    • Chetzemoka
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      fedilink
      41 year ago

      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