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Supreme Court rejects theory that would have transformed American elections

By: WISCONSIN LAW JOURNAL STAFF//June 27, 2023//

Supreme Court rejects theory that would have transformed American elections

By: WISCONSIN LAW JOURNAL STAFF//June 27, 2023//

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The Supreme Court on Tuesday rejected a legal theory that would have radically reshaped how federal elections are conducted by giving state legislatures largely unchecked power to set all sorts of rules for federal elections and to draw congressional maps warped by partisan gerrymandering, reports The New York Times.

The vote was 6 to 3, with Chief Justice John G. Roberts Jr. writing the majority opinion. The Constitution, he said, “does not exempt state legislatures from the ordinary constraints imposed by state law.”

Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch dissented, the New York Times said.

The case concerned the “independent state legislature” theory. The doctrine is based on a reading of the Constitution’s Elections Clause, which says, “The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof,” according to the Times.

Proponents of the strongest form of the theory say this means that no other organs of state government — not courts, not governors, not election administrators, not independent commissions — can alter a legislature’s actions on federal elections, The Times said.

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