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The Guardian - US
The Guardian - US
Comment
David Daley

The supreme court denied a wild election theory. But don’t relax yet

supreme court building
‘It’s an uncomfortable position to begin a presidential election, given the fact that, in many states, election deniers are in a stronger place today than they were on 6 January 2021.’ Photograph: Kevin Dietsch/Getty Images

Such is the dismal state of the US supreme court that it is genuinely surprising any time the court’s conservative supermajority turns down an opportunity to further distort American democracy to the benefit of their partisan benefactors and enhance the prospects of enduring one-party minority rule.

Moore v Harper – the case from North Carolina involving the so-called “independent state legislature” (ISL) theory, the ludicrous notion that state legislatures have a free hand when it comes to election law and redistricting, unfettered by pesky state constitutions, state supreme courts or even gubernatorial vetos – was satisfyingly swatted away on Tuesday by a 6-3 majority.

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