Daily News | Fringe theory cited in Pa. redistricting case could give legislatures unchecked election power
Citing the independent state legislature doctrine and population differences among districts, the Pennsylvania plaintiffs filed an emergency application asking the U.S. Supreme Court to reject the map and instead implement at-large elections — which would let all of a state’s voters cast ballots for each seat — for the 2022 midterm elections.
At the request of the Wolf administration and the citizen group that proposed the map selected by the Pennsylvania Supreme Court, the federal district court recently dismissed much of the suit — including the claims citing the doctrine. The Republican plaintiffs lacked standing, the court found. Shapiro, of Chicago-Kent College of Law, and Ross argue the two lawsuits are part of a larger attempt by legislatures to strip power from other branches of government.
“These aren’t just messaging bills, to take a public position and rile up the base,” said Goldstein. “These really are strategic pieces of legislation that are gathering steam, support and also, importantly, normalizing this rhetoric.” Efforts such as the North Carolina and Pennsylvania suits are all part of a multifaceted effort to limit voting rights, said Douglas, at the University of Kentucky.At least four U.S. Supreme Court justices have shown they are open to the independent state legislature doctrine.
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