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- 6-3 ruling authored by Chief Justice John Roberts spikes Independent State Legislature Theory
- Roberts was joined by two conservative justices.
- State legislatures will continue to be checked by state courts.
The Supreme Court issued a striking rebuke against a Trump-backed fringe legal theory that state legislatures can operate virtually unabated in setting up federal elections.
In a 6-3 ruling authored by Chief Justice John Roberts, a broad coalition of justices ruled that the Elections Clause in the US Consitution does not give state legislatures “unchecked” by state courts.
“If the Elections Clause had vested exclusive authority in state legislatures, unchecked by state courts enforcing provisions of state constitutions, these clauses would have been unenforceable from the start,” Roberts wrote for the court.
Roberts was joined by two of the court’s conservatives, Justices Brett Kavanaugh and Amy Coney Barrett, in the majority, a sign that there is a broader coalition on the court that was ready to reject a theory that could have fundamentally upended US elections.
The court’s liberal bloc, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson also joined the majority. Justice Clarence Thomas dissented, he was joined by Justice Neil Gorsuch. Justice Samuel Alito also joined part of Thomas’ opinion.
Thomas took particular issue with the high court ruling issuing a sweeping ruling on the case after the North Carolina Supreme Court overturned the underlying ruling that was at the heart of the case, Moore v. Harper.
But Roberts made clear that the court was not convinced by such a view.
This is a breaking news story. Stay tuned to Insider.com for more updates.
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