Stephen MIller and Pamela Dorian of Cozen O'Connor US Supreme Court Confronts Independent State Legislature Doctrine
Judicial challenges to federal elections have become commonplace, most notably in former President Donald Trump's efforts to circumvent the popular vote in 2020. One species of those frequent challenges involves the invocation of the Independent State Legislature theory.
January 04, 2023 at 01:00 PM
4 minute read
Judicial challenges to federal elections have become commonplace, most notably in former President Donald Trump's efforts to circumvent the popular vote in 2020. One species of those frequent challenges involves the invocation of the Independent State Legislature theory. This theory posits that the U.S. Constitution entrusts state legislatures—regardless of the popular vote—with full power and responsibility to regulate federal elections without interference from state courts.
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