In a 6-3 decision, the U.S. Supreme Court firmly rejected the so-called independent state legislature theory. This bizarre theory would have allowed renegade legislators to violate their state constitutions in setting rules for federal elections — allowing them to hijack elections for U.S. Congress and even the presidency.
The ruling was therefore a vote to protect the democratic process. That’s one of the Supreme Court’s most important jobs. It’s hard to overstate how important it is that this court is prepared to fulfill that duty.
The decision in the case, Moore v. Harper, was written by Chief Justice John Roberts. It was joined not only by the court’s three liberals but also by Justices Brett Kavanaugh and Amy Coney Barrett. That too is significant. By joining the opinion, Kavanaugh and Barrett showed that, notwithstanding their undoubted conservatism, they are not going to be radical revolutionaries when it comes to the basic structure of democratic elections. Sadly, the same cannot be said for the dissenters, Justices Clarence Thomas, Neil Gorsuch and Samuel Alito.
