The Supreme Court’s decision in Moore v. Harper to reject the independent state legislature theory could give Special Counsel Jack Smith a free hand to bring charges — including, possibly, against President Trump — in respect of efforts to overturn the 2020 presidential election.

By a 6-to-3 vote, the high court held that notwithstanding the Constitution’s Elections Clause, the national parchment “does not exempt state legislatures from the ordinary constraints imposed by state law,” meaning that state lawmakers are bound by state constitutions and the judges who interpret them.