Supreme Court Rejects ‘Independent State Legislature’ Theory in Elections Case

against North Carolina lawmakers, who argued the U.S. Constitution exempted state legislatures from judicial review in election cases. Writing for the majority, Chief Justice John Roberts said the Constitution’s Elections Clause “does not insulate state legislatures from the ordinary exercise of state judicial review.” Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented, saying the ruling unnecessarily committed the Federal Judiciary to an “uncertain path.

”The “independent state legislature” theory has been used in legal arguments to defend purportedly gerrymandered congressional districts and to oppose state court rulings on absentee ballot policies during the 2020 election. If the Supreme Court had accepted it, it could have allowed state legislatures to pass election policies with little oversight from courts.

Source: Law Daily Report (lawdailyreport.net)

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