'Independent State Legislature Doctrine' Could Shield Voter Suppression
It is time for our best federal constitutional lawyers to apply themselves to defeating this possibility.
January 16, 2022 at 10:00 AM
4 minute read
Much national attention is directed to the wide range of voter-suppression and vote-counting laws, and gerrymandered maps for federal elections being enacted by state legislatures, and the resulting need for federal voter-protection legislation. But there is an equally pernicious, but much lower-visibility, development evolving in the federal judiciary. The "independent state legislature doctrine" would curtail state-court review of such laws under their own state constitutions, and even limit such courts' statutory interpretation of ambiguous election laws. Whether this serious erosion of state governments' fundamental constitutional power of checks and balances prevails will be up to the United States Supreme Court.
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