Thursday, December 8, 2022

Supreme Court seems poised to reject robust reading of ‘independent state legislature’ theory

 https://www.politico.com/news/2022/12/07/supreme-court-independent-state-legislature-theory-00072713

A robust adoption of the independent state legislature theory by the court could grant state legislatures significantly more power in setting the rules of the road for elections. A maximalist version of the theory would prevent state courts from weighing in on disputes over everything from voter ID to last-minute polling place adjustments, and could even imperil voter-passed referendums creating independent redistricting commissions that take over traditional legislative powers. Some would even go so far as to use the federal Constitution to deny state governors their usual role. Getting the Supreme Court to sideline governors would require overruling the 90-year-old high court precedent Roberts cited, which may be why Thompson stopped short on Wednesday of advocating for such an outcome.

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