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Independent State Legislature Theory

All articles tagged with #independent state legislature theory

politics2 years ago

Supreme Court Rejects Mike Johnson's Election Certification Argument

The Supreme Court has rejected Rep. Mike Johnson's argument in favor of the independent state legislature theory, which claimed that changes to election rules during the COVID-19 pandemic violated the Constitution. In a 6-3 opinion, the Court ruled that the Elections Clause does not grant exclusive authority to state legislatures to set rules for federal elections. Johnson's argument was debunked in the case of Moore v. Harper, where the Court upheld the role of governors and other officials in determining election rules. Johnson's constitutional justification for rejecting electors in the 2020 election was seen as a political act without legal basis.

via Yahoo! Voices|
#2020-election#independent-state-legislature-theory#mike-johnson
politics2 years ago

Supreme Court Rejects Controversial State Legislature Theory on Elections

The Supreme Court rejected the "independent state legislature" theory in a 6-3 ruling, affirming the role of state courts in weighing in on legislative decisions affecting federal elections. The theory, which had gained traction in mainstream Republican politics, sought to strip state courts of their authority to review federal-election-related policies or maps. The court's decision upholds the system of checks and balances on legislative authority over elections and recognizes the importance of state constitutions as independent sources of rights and protections. However, the dissenting justices, who are facing accusations of accepting inappropriate gifts from Republican megadonors, advocated for eliminating the ability of everyday Americans to challenge elected officials in state court or via ballot initiative. The ruling highlights the need for a code of ethics for Supreme Court justices and the overturning of previous decisions on partisan gerrymandering to restore the court's legitimacy.

via Las Vegas Sun|
#checks-and-balances#independent-state-legislature-theory#judicial-review
politics2 years ago

Supreme Court Rejects Independent Legislative Theory, Signaling Trouble for Ohio Case

The US Supreme Court ruling in the Moore v. Harper case rejected the independent state legislature theory (ISLT), which has been used by Republicans to establish authority over the courts in redistricting battles. The ruling likely spells doom for a similar Ohio case, where GOP leaders argued that the state legislature had the authority to determine the constitutionality of district maps. The court's rejection of the ISLT is seen as a victory for originalism and the constitutional framework of the US government. The ruling suggests that the Ohio case will be moot, and redistricting in the state may proceed without court intervention.

via Ohio Capital Journal|
#constitutional-interpretation#independent-state-legislature-theory#ohio
politics2 years ago

The Supreme Court Grapples with Electoral Challenges and Legal Disputes Ahead of 2024.

The US Supreme Court may not resolve the controversial Independent State Legislature (ISL) theory before the 2024 elections, which could lead to chaos. The theory gives state courts little to no role in interpreting election laws set by state legislatures. The future of the key Supreme Court case addressing the theory, Moore v. Harper, is in question because a state-level ruling could make it moot. The lack of a clear decision risks injecting disarray into the 2024 election and the litigation that is guaranteed to accompany it.

via POLITICO|
#elections#independent-state-legislature-theory#jurisdiction