Op-Ed: The ominous way the Supreme Court could change our elections (via latimesopinion)
The “independent state legislature theory” would leave state courts, constitutions and others powerless to stop voter suppression.
It was unclear from the arguments as to whether Chief Justice John Roberts and Justice Brett Kavanaugh are likely to join them. They suggested looking for a compromise where the state court could invalidate districting, but then do no more than send the matter back to the legislature to draw new districts. That seems a recipe for an endless stalemate.
In 2020, President Trump urged states with Republican legislatures, like Michigan and Wisconsin and Georgia, to award him their electoral votes, notwithstanding President Biden having won the popular vote in those states. None thankfully did so, but if the Supreme Court accepts the independent state legislature theory in Moore vs. Harper, it would be able to empower states to do exactly this in 2024, which could decide the presidential election.
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