The Supreme Court will hear oral arguments this week in a case that could allow state legislatures to overrule election results.
—have previously appeared sympathetic to the theory. That doesn’t mean they’ll rule in favor of it in June, or that they would endorse it to the broad extent that Trump and his allies would like—especially given its lack of popularity across the political spectrum.
But there is good reason to be concerned that an increasingly radical Supreme Court—whose conservatives have come to act more as enforcers of conservative policy than the fair arbiters of law —will make the far-right fantasy a reality. And that reality would have sweeping consequences for the election system and American democracy as a whole. “An affirmation of the theory would be a constitutional travesty,”Wall Street Journal
Monday. A ruling in favor of the independent state legislature theory, he added, “would be a power grab and an assault on states’ rights, democracy and the original meaning of the Constitution.”
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