Supreme Court Rejects Novel Legislative Theory

June 28, 2023 5:18 am

The U.S. Supreme Court has shot down a legal theory that could’ve changed the way elections are run across the country. But the court has left the door open to more limited challenges that could increase its role in deciding voting disputes during the 2024 presidential election. The court’s 6-3 ruling Tuesday drove a stake through the most extreme version of the so-called independent state legislature theory, which holds that legislatures have absolute power in setting the rules of federal elections. But the court didn’t settle the question of when state courts need to stay out of federal elections. The issue may only get resolved in a last-minute challenge during the presidential election.