The “Independent State Legislature” Legal Theory Explained (controversial, elections, elect)

[Bureaucat]

Here’s a little information on a pending controversial Supreme Court case with a lot riding on it, with links to both liberal and conservative/libertarian sources.


https://www.brennancenter.org/our-wo...eory-explained

https://www.npr.org/2023/01/22/11430...moore-v-harper

https://www.cato.org/blog/limits-ind...slature-theory

[Bureaucat]

This legal theory is what John Eastman tried to use to claim that Republican-controlled state legislatures could overturn elections if Democrats won at the polls.

The CATO article refutes that claim and provides some pretty good background to the case. Potentially quite a bit of political turmoil could result dependent upon the eventual ruling.

The case to remember is Moore v. Harper.

[GeorgiaTransplant]

Originally Posted by Bureaucat

This legal theory is what John Eastman tried to use to claim that Republican-controlled state legislatures could overturn elections if Democrats won at the polls.

The CATO article refutes that claim and provides some pretty good background to the case. Potentially quite a bit of political turmoil could result dependent upon the eventual ruling.

The case to remember is Moore v. Harper.

Supreme Court just rejected this theory. Rule of law and democracy wins.

[Sanderling]

This Supreme Court surprises again. Thank goodness. Perhaps we can put a little faith back in the idea that not all jurisprudence is purely dependent on political leanings.

[MJJersey]

Another nail in the coffin of federalism in favor of an all-powerful federal government.