The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.

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[+] 3 points 3 years ago* (last edited 3 years ago) (1 child)
  • [–] 1 point 3 years ago (1 child)

    I could be wrong, but I don't think the decision would have extended to the actual voting rights. At least directly.

    Like they wouldn't be able to make a law saying that black people can't vote; after all, it's only "time, places and manner", which in no way includes who. But they could make it much, much harder for specific groups of people to vote.

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  • [–] 3 points 3 years ago

    The nightmare scenario was that a highly gerrymandered state legislature could simply ignore the voice of its voters and direct its electors in the Electoral College to vote for a Republican regardless. It is a plausible textualist reading of the Constitution, though obviously very counter to actual practice.

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