Washington — The Supreme Court on Tuesday declined to limit the authority of state courts to nullify federal election rules set by state legislatures, leaving in place a key check on state lawmakers’ ability to alter how federal elections in their states are conducted and their drawing of congressional maps.
The decision is a rejection of the so-called “independent state legislature theory,” which stems from an interpretation of the Constitution’s Elections Clause and asserts that state legislatures have unfettered authority to set presidential and congressional elections rules without oversight from state courts to ensure they comply with state constitutions.
The concept lay largely dormant for more than 15 years, but regained attention after the 2020 presidential election when it was raised by former President Donald Trump’s allies as part of efforts to reverse the outcome of the election.
Chief Justice John Roberts authored the opinion for the 6-3 majority, finding that the Supreme Court has jurisdiction to review the opinion of the North Carolina Supreme Court, and that the Constitution’s Elections Clause does not grant exclusive and independent authority in state legislatures to set the rules regarding federal elections.
Justices Clarence Thomas, Neil Gorsuch and Samuel Alito dissented.
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