In 'Very Big Deal for the Survival of Our Democracy,' SCOTUS Rejects Fringe Legal Theory

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By ruling against the independent state legislature theory, said one activist, 'the U.S. Supreme Court made clear that state courts and state constitutions should serve as a critical check against abuses of power by legislators.' MooreVHarper

the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

"When a state legislature carries out its federal constitutional power to prescribe rules regulating federal elections, it acts both as a lawmaking body created and bound by its state constitution, and as the entity assigned particular authority by the federal Constitution," he continued. "Both constitutions restrain the state legislature's exercise of power."

Both the majority opinion and campaigners pointed to precedent. Fair Elections Center litigation director Jon Sherman said that "for 233 years and counting, no court has ever found that state election laws are unconstrained by state constitutional requirements, because this is a fantasy that is antithetical to our system of government."plaintiffs, called the 6-3 decision "a resounding victory for free and fair elections in the United States.

The case was argued in the wake of former President Donald Trump—who is seeking the Republican nomination for 2024—and his supporters refusing the accept the results of the 2020 election, which led to the January 6, 2021 attack on the U.S. Capitol. Notably, two of the three Trump-appointed justices, Barrett and Kavanaugh, rejected the ISLT.

Source: Law Daily Report (lawdailyreport.net)

 

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