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In doing so, the court declined to embrace a hitherto obscure legal argument called the "independent state legislature" theory, which Republicans say limits state court authority to strike down certain election laws enacted by state legislatures. The independent state legislature argument hinges on language in the Constitution that says election rules "shall be prescribed in each state by the legislature thereof."
Then-Chief Justice William Rehnquist embraced a version of the theory in the Bush v. Gore ruling issued later in 2000,
Source: Law Daily Report (lawdailyreport.net)
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