Op-eds

Tuesday, June 27, 2023

Supreme Court justices rule state lawmakers do not have exclusive control over elections in key decision

The Supreme Court ruled Tuesday that state judges do have the power to override state legislatures when it comes to how federal elections are carried out.

In a 6-3 opinion authored by Chief Justice John Roberts, the high court ruled that the Elections Clause of Article 1 of the U.S. Constitution "does not insulate state legislatures from the ordinary exercise of state judicial review."

Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson were in the majority. Justice Clarence Thomas dissented, in which Justice Neil Gorsuch and Samuel Alito joined. 

"State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause," Roberts wrote. 

"But federal courts must not abandon their own duty to exercise judicial review. In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon...Read more and see video here.

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