The “independent state legislature theory” will not empower state legislatures to override presidential election results
There is a misconception that needs to be clarified about the potential impact of an upcoming Supreme Court case.
That misconception is this—if the “independent state legislature theory” is adopted by the Supreme Court in the case of Moore v. Harper, state legislatures will be empowered to override the choice of voters on Election Day in a presidential election.
That’s not correct.
Make no mistake, the Court’s decision in Moore v. Harper could dramatically and dangerously rewrite American democracy. Moore v. Harper will be argued before the Supreme Court on December 7. The case involves...