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.
The Supreme Court heard argument in December 2022 in a case that requires the court to consider this theory. The elections clause of the Constitution provides that "the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof …" The Constitution does not specify whether a state legislature's authority is subject to review by its state judicial branch.
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