The 800-Pound Gorilla Of Election Law Cases

This article by Adam Liptak is published by The New York Times. Here is an excerpt:

In October 2020, with the presidential election looming, four conservative justices issued opinions that seemed prepared to endorse a legal theory that would radically reshape how federal elections are conducted. The theory would give state legislatures independent power, not subject to review by state courts, to set election rules at odds with state constitutions, and to draw congressional maps warped by partisan gerrymandering.

But the Supreme Court did not resolve the existence or scope of the theory, often called the independent state legislature doctrine, in cases concerning the 2020 election.

The question arose again this March in an emergency application from Republicans in North Carolina who wanted to restore a voting map drawn by the State Legislature and rejected as a partisan gerrymander by the State Supreme Court.

“The question presented here,” the application said, “goes to the very core of this nation’s democratic

Read the full article here.