WASHINGTON — In another surprise ruling, the Supreme Court on Tuesday firmly rejected a Republican claim that the Constitution gives state lawmakers full and unchecked power over the elections of members of Congress and the president in their state.
The so-called independent state legislature theory had alarmed Democrats and threatened to inject an element of uncertainty into the 2024 national elections.
Some feared that the theory — if given a green light by the solidly conservative Supreme Court — would allow partisan lawmakers to defy voters' wishes and choose a slate of presidential electors to vote for their preferred candidate, even if that person lost the popular vote in their state.