SCOTUS takes up case that could let red states overrule courts on unconstitutional election laws

The "independent state legislature" theory would let states set federal election rules even if they're illegal

Published June 30, 2022 12:30PM (EDT)

Supreme Court Chief Justice John Roberts (Mario Tama/Getty Images)
Supreme Court Chief Justice John Roberts (Mario Tama/Getty Images)

This article originally appeared on Raw Story


The United States Supreme Court has said it will review whether state legislatures have the authority to ignore courts on election rules even if they are found to be unconstitutional.

SCOTUS Blog first reported that the high court will hear a North Carolina case on the dubious "independent state legislature" theory.

"In an election case out of North Carolina, SCOTUS agrees to review the "independent state legislature" theory next term. Under that theory, state legislatures have broad power to set rules for federal elections, even if state courts say those rules are unconstitutional," SCOTUS Blog explained in a tweet.

Following the 2020 presidential election, supporters of then-President Donald Trump claimed that state legislatures had the power to overturn the outcome of elections.

By David Edwards

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