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Supreme Court rejects novel legislative theory but leaves a door open for 2024 election challenges

By NICHOLAS RICCARDI and DAVID A. LIEB / AP / Politics

The U.S. Supreme Court shot down a controversial legal theory that could have changed the way elections are run across the country but left the door open to more limited challenges that could increase its role in deciding voting disputes during the 2024 presidential election.

The court’s 6-3 ruling Tuesday drove a stake through the most extreme version of the so-called independent state legislature theory, which holds that legislatures have absolute power in setting the rules of federal elections and cannot be second-guessed by state courts. That decision cheered voting rights groups.

“We beat back the most serious legal threat our democracy has ever faced today,” said Kathay Feng of Common Cause, whose lawsuit challenging congressional districts drawn by North Carolina’s Republican-controlled legislature triggered the case.

But for some critics of the theory, the danger is not entirely past.