06/27/2023

SCOTUS Rejects 'Independent State Legislature' Theory

It would have meant radical changes to election rules

On Tuesday, the Supreme Court of the United States (SCOTUS) rejected the theory that state legislatures have almost unlimited power to decide the rules for federal elections and draw partisan congressional maps without interference from state courts.

The Constitution's Elections Clause "does not insulate state legislatures from the ordinary exercise of state judicial review," Chief Justice John Roberts, Jr. wrote in a 6 to 3 decision.

The decision was praised by Democrats and voting rights advocates, more for avoiding what they thought would be a radical change than for establishing new law. But maintaining the status quo has been seen as a victory in a court that has often gone the other way. And just recently, the court agreed that Alabama should draw a second congressional district in which Black voters could be empowered to elect a candidate of their choice.

Please select this link to read the complete article from The Washington Post.