Supreme Court Gives Authority to Judges Rather than State Lawmakers in Federal Elections

The Supreme Court ruled Tuesday that state judges do have the power to override state legislatures when it comes to how federal elections are carried out. The independent state legislature theory stems from the clause in the US Constitution declaring that state legislatures shall set the “time, place and manner” of elections for the US Senate and House of Representatives. Advocates argue that clause shows the founders wanted to give legislatures ultimate power in federal elections.

 

John Eastman, the lawyer who represented Donald Trump in 2020 in his allegations of election fraud, said that this ruling will allow the judiciary to impose its own election code contrary to the state legislature’s rules. It opens the door for the judiciary to implement no-excuse mail-in voting, eliminating signature verification, eliminating voter ID laws, and many other harmful policies. It is a radical departure from the federal Constitution. The state legislature is the branch that is most accountable to the People, rather than an unelected judge. Steve Bannon said that Justices Roberts and Kavanaugh ruled on the side of Democrats to prevent future protests by radical leftists at their home at their homes.