The United States Supreme Court has said it will review whether state legislatures have the authority to ignore courts on election rules even if they are found to be unconstitutional.
SCOTUS Blog first reported that the high court will hear a North Carolina case on the dubious "independent state legislature" theory.
"In an election case out of North Carolina, SCOTUS agrees to review the "independent state legislature" theory next term. Under that theory, state legislatures have broad power to set rules for federal elections, even if state courts say those rules are unconstitutional," SCOTUS Blog explained in a tweet.
Following the 2020 presidential election, supporters of then-President Donald Trump claimed that state legislatures had the power to overturn the outcome of elections.
The North Carolina election case is Moore v. Harper. SCOTUS also adds two other new cases to its docket for next term: Percoco v. U.S. (a case about honest-services fraud brought by a former Andrew Cuomo aide) and Ciminelli v. U.S. (a case about federal wire fraud).
— SCOTUSblog (@SCOTUSblog) June 30, 2022
