Editorial Board: “Independent state legislature theory” presents an opportunity for the U.S. Supreme Court to hand Republicans a chance to succeed in stealing an election after their last attempt — on Jan. 6, 2021 — failed.
The Legislature and the office of Attorney General Sean Reyes havewhile the North Carolina case runs its course. If the Tarheel Legislature gets what it wants from the U.S. Supreme Court, it will mean that, in drawing voting districts and otherwise operating elections, the acts of each state’s legislature are final and not subject to any executive, judicial or constitutional oversight.
’s 14-hour days leading up to the insurrection of Jan. 6 — seeking “alternative slates of electors” that legislatures might submit as a way to ignore the will of the people and restore the defeated Donald Trump to the White House.
The new theory in this case is that, “by the Legislature thereof,” means that only each state’s legislature gets to make rules and decisions when it comes to elections. That there is no role for the governor, attorney general, the state’s own courts, federal courts or the people overall. Nothing else the Legislature does is so free of oversight or balance. Making the core of democracy, the conduct of elections, beholden only to the will and whim of members of the Legislature would put us on a short road to being governed by an all-powerful junta.
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