In 2020, the Trump campaign asked the Supreme Court to overturn a ruling by the Pennsylvania Supreme Court allowing the tallying of mail ballots received after Election Day in a case that many thought would pivot on the theory. "We beat back the most serious legal threat our democracy has ever faced today," said Kathay Feng of Common Cause, whose lawsuit challenging congressional districts drawn by North Carolina's Republican-controlled legislature triggered the case.Īs Republicans have gained more power in state legislatures, the theory has become more popular on the right. The court's 6-3 ruling Tuesday drove a stake through the most extreme version of the so-called independent state legislature theory, which holds that legislatures have absolute power in setting the rules of federal elections and cannot be second-guessed by state courts. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country, but left the door open to more limited challenges that could increase its role in deciding voting disputes during the 2024 presidential election.
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