The Most Important Supreme Court Case You've Never Heard Of

A new Supreme Court case could change the result of the presidential election

On October 31, the Supreme Court will hear arguments in Moore v. Harper, a case that could have far-reaching implications for American democracy. The case centers on the "independent state legislature" theory, which holds that state legislatures have the sole authority to set election rules, free from interference from state courts or other branches of government. If the Court adopts this theory, it could give state legislatures the power to override popular votes and appoint electors to the Electoral College, potentially overturning the results of a presidential election.

The independent state legislature theory has been gaining traction in recent years, and it has been embraced by Republican lawmakers in several states. If the Court adopts this theory, it could have a major impact on the 2024 presidential election. In some states, the theory could give Republican-controlled legislatures the power to overturn the results of a popular vote and appoint electors to the Electoral College who would support the Republican candidate. This could potentially hand the presidency to the Republican candidate, even if they lost the popular vote.

The stakes in Moore v. Harper are extremely high. The case could have a profound impact on the American democratic system and the rule of law. It is important for all Americans to be aware of this case and its potential consequences.

What is the independent state legislature theory?

The independent state legislature theory is a legal theory that holds that state legislatures have the sole authority to set election rules, free from interference from state courts or other branches of government. This theory is based on the Elections Clause of the U.S. Constitution, which states that "the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof." Proponents of the theory argue that this language gives state legislatures the exclusive power to regulate federal elections, including the appointment of electors to the Electoral College.

The independent state legislature theory has been around for centuries, but it has only recently gained traction in the wake of the 2020 presidential election. In the wake of that election, several Republican-controlled state legislatures passed laws that would have given them the power to overturn the results of the popular vote and appoint electors to the Electoral College who would support the Republican candidate. These laws were challenged in court, and several were struck down by state courts. However, the Supreme Court has agreed to hear arguments in Moore v. Harper, and it is possible that the Court could adopt the independent state legislature theory.

What are the potential consequences of the independent state legislature theory?

If the Supreme Court adopts the independent state legislature theory, it could have a number of far-reaching consequences for American democracy. For one, it could give state legislatures the power to override popular votes and appoint electors to the Electoral College. This could potentially hand the presidency to the Republican candidate, even if they lost the popular vote. Additionally, the theory could give state legislatures the power to gerrymander congressional districts in a way that favors one party over another. This could make it more difficult for minority parties to win elections and could lead to a permanent Republican majority in Congress.

The independent state legislature theory could also have a negative impact on the rule of law. If state legislatures are given the power to override court decisions, it could undermine the independence of the judiciary and make it more difficult for courts to protect the rights of citizens. Additionally, the theory could make it easier for state legislatures to pass laws that discriminate against minority groups.

What can be done to stop the independent state legislature theory?

There are a number of things that can be done to stop the independent state legislature theory. One important step is to educate the public about the theory and its potential consequences. Additionally, it is important to support organizations that are working to protect democracy and the rule of law. Finally, it is important to vote in elections and to support candidates who are committed to upholding democratic principles.