SCOTUS to Hear Case That Could Give State Legislatures, Not Judges, Power to Regulate Elections

(Source: Epoch Times)

The ‘independent state legislature doctrine’ is a longtime favorite of conservative legal thinkers and Republicans

The Supreme Court decided on June 30 to hear an important new case that Republicans hope will re-empower state legislatures to make rules for redistricting and governing congressional and presidential elections.

Republicans say the U.S. Constitution has always directly authorized state legislatures to make rules for the conduct of elections, including presidential elections. Democrats say this idea, encompassed by the Independent State Legislature Doctrine, is a fringe conservative legal theory that could endanger voting rights. The Supreme Court has reportedly never ruled on the doctrine.

The doctrine, if endorsed by the high court, could allow state legislatures to select presidential electors in disputed elections, something critics decry as a threat to democracy.