The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.
The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.
The nightmare scenario was that a highly gerrymandered state legislature could simply ignore the voice of its voters and direct its electors in the Electoral College to vote for a Republican regardless. It is a plausible textualist reading of the Constitution, though obviously very counter to actual practice.