One of America’s Liberal Legal Lions Breaks With Biden, Urges Supreme Court To Decide on Theory That Could Rewrite Election Law

A former acting solicitor general gambles that the Independent State Legislature theory is too exotic even for this precedent-defying high court.

AP/Jose Luis Magana, file
The Supreme Court in March 2022. AP/Jose Luis Magana, file

Liberals see the Independent State Legislature theory, which would deny state courts any role in reviewing how states conduct federal elections, as a dangerous conservative concoction and a threat to American democracy. Its present prominence is tied to allegations of unlawful gerrymandering, and it could yet upend the 2024 election just as President Trump mounts another bid for the White House.    

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