Supreme Court rejects theory that would turn US elections upside down

By Al Mayadeen English
Source: Agencies
27 Jun 2023 23:45

The vote on the opinion came out at 6-3 and was penned by Chief Justice John Roberts, thus safeguarding the integrity of the 2024 elections.

The US supreme court is seen, on March 18, 2022, in Washington. (AP)

The US Supreme Court on Tuesday ruled that the "independent state legislature" theory is inconsistent with the Constitution and that state lawmakers do not have unchecked power to set the rules for federal elections in their states independently.

The vote on the opinion came out at 6-3 and was penned by Chief Justice John Roberts, thus safeguarding the integrity of the 2024 elections.

Back in December 2022, Republican lawmakers in North Carolina fought before the court for state legislatures to gain unlimited power to make the rules for federal elections in the states without interference from the courts.

The matter has raised some serious concerns for Democrats who view this as an attempt by Trump supporters and election deniers to make state legislatures overrule state courts on elections.

Based on the US Constitution's Elections Clause, state legislatures have used their authority to map out congressional districts, set poll hours, rules for voter registration, and what is known as partisan gerrymandering -- the practice of drawing up congressional districts to favor a particular political party.

But the laws have been subjected to scrutiny, including from North Carolina Republican lawmakers who seek to repeal the judicial input.

The Supreme Court rebuked that theory with Roberts and two other conservatives, namely Brett Kavanaugh and Amy Coney Barrett, and three other liberal justices, namely Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

"The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review," Roberts wrote.

Former Democratic president Barack Obama welcomed the Supreme Court's decision by tweeting: "Today, the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances."

Today, the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.
— Barack Obama (@BarackObama) June 27, 2023

Abha Khanna, who represented the plaintiffs in the case, hailed the ruling as a "resounding victory for free and fair elections in the United States."

"The Independent State Legislature Theory could have weakened the foundation of our democracy, removing a crucial check on state legislatures," Khanna stated.