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Divided We Stand

Divided We Stand
New book about the 2020 election.

Tuesday, June 27, 2023

SCOTUS Rejects "Independent State Legislature" Theory

Our most recent book is titled Divided We Stand: The 2020 Elections and American Politics.  Among other things, it discusses state and congressional elections.

Jordan Rubin at MSNBC:
The Supreme Court on Tuesday rejected the “independent state legislature” theory — a GOP-backed effort to radically change federal election rules. Chief Justice John Roberts authored the 6-3 opinion.

Heading into this Supreme Court term, which started in October, voting rights proponents feared Moore v. Harper. North Carolina Republicans brought the case after the state's Supreme Court struck down their partisan gerrymandered congressional map. They cited the fringe "independent state legislature" theory, which, in its most extreme form, claims the Constitution's elections clause gives state legislatures unfettered control over federal elections.

But the U.S. Supreme Court disagreed. The elections clause “does not insulate state legislatures from the ordinary exercise of state judicial review,” Roberts wrote, over dissent from Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.