SCOTUS Declines to Uphold the “Independent State Legislature” Theory


The Supreme Court is seen behind flowers, Tuesday, June 27, 2023, in Washington. The Supreme Court gave a win for the democratic principle of checks and balances in affirming that state courts can weigh in on legislative decisions affecting federal elections, but justices also left an opening for future challenges. (AP Photo/Jacquelyn Martin)
Reading Time: < 1 minute

When Trump decisively lost the 2020 election, Republicans attempted to institute the “independent state legislature” theory, which would allow state legislatures to overturn the votes of the people, giving states the primary authority to determine elections.

In a 6-3 vote, the Supreme Court declined to uphold this radical Republican legal effort. The ruling was a win for voting rights groups.

Former President Barack Obama reacted on Twitter, “Today the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.”

Click play to listen to the AURN News report from Clay Cane. Follow @claycane & @aurnonline for more.

advanced divider
advanced divider