The Supreme Court will take on the future of federal elections Wednesday, discussing a case that could upend electoral politics and embolden state legislatures to act without judicial oversight.
Supporters of former President Donald Trump relied on versions of the so-called independent state legislature doctrine during the efforts to overturn the 2020 election. Now, North Carolina Republican lawmakers are asking the justices to adopt the long-dormant legal theory in a fight over redistricting maps, saying it allows state legislatures to set rules in federal elections without any constraints by state courts or other state authorities.
Voting rights groups say the lawmakers’ position would lead to state legislatures having absolute authority without judicial oversight, even perhaps choosing their desired election winners. They fear that if the court were to adopt the theory it would abolish necessary checks and balances, upend states’ time-tested election systems, spawn litigation and require states to conduct separate state and federal elections.
The dispute comes amidst the recent explosion of litigation surrounding voting rules and a renewed effort by Trump to allege massive fraud at the polling place – a baseless claim rejected by Democrats and Republicans alike.
As recently as last week, Trump called for the “termination of all rules, regulations, and articles, even those found in the Constitution” in a social media post.
