Posted on Jun 28, 2023
What the Supreme Court's rejection of a controversial theory means for elections
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https://www.npr.org/2023/06/28/ [login to see] /what-the-supreme-courts-rejection-of-a-controversial-theory-means-for-elections
A major U.S. Supreme Court ruling that rejects the most extreme version of a once-fringe legal theory has eased the anxiety of many election watchers across the country.
In a 6-3 opinion from an unusual lineup of both conservative and liberal justices, the court's majority confirmed Tuesday that — contrary to what's known as the "independent state legislature theory" — state lawmakers' power under the U.S. Constitution to control how congressional elections are run can be checked and balanced by state courts and state constitutions.
With 2024 looming, here's what the high court's ruling means for upcoming elections:
A major U.S. Supreme Court ruling that rejects the most extreme version of a once-fringe legal theory has eased the anxiety of many election watchers across the country.
In a 6-3 opinion from an unusual lineup of both conservative and liberal justices, the court's majority confirmed Tuesday that — contrary to what's known as the "independent state legislature theory" — state lawmakers' power under the U.S. Constitution to control how congressional elections are run can be checked and balanced by state courts and state constitutions.
With 2024 looming, here's what the high court's ruling means for upcoming elections:
What the Supreme Court's rejection of a controversial theory means for elections
Posted from npr.org
Supreme Court
Voting
Elections
Posted 12 mo ago
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PO1 William "Chip" Nagel
..."But the ruling does leave open a complicated legal question about congressional elections
While the court's majority found state legislatures' authority over congressional elections is not exempt "from the ordinary constraints imposed by state law," including review by state courts, the justices also issued a warning about a limit to what state courts can do.
"In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by Article I, Section 4, of the Federal Constitution," Chief Justice John Roberts wrote in the majority opinion.
Exactly what those boundaries of "ordinary judicial review" are, however, is unclear.
And that could invite requests for the U.S. Supreme Court to review whether a state court's ruling in a case about congressional elections may have gone too far."
..."But the ruling does leave open a complicated legal question about congressional elections
While the court's majority found state legislatures' authority over congressional elections is not exempt "from the ordinary constraints imposed by state law," including review by state courts, the justices also issued a warning about a limit to what state courts can do.
"In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by Article I, Section 4, of the Federal Constitution," Chief Justice John Roberts wrote in the majority opinion.
Exactly what those boundaries of "ordinary judicial review" are, however, is unclear.
And that could invite requests for the U.S. Supreme Court to review whether a state court's ruling in a case about congressional elections may have gone too far."
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