The nation's top court has never invoked what is known as the independent state legislature doctrine, but four of the court’s conservative justices have expressed interest in taking on the subject.
The U.S. Supreme Court on Thursday agreed to hear a case that could dramatically change the way elections for Congress and the presidency are conducted by handing more power to state legislatures and blocking state courts from reviewing challenges to the procedures and results.
In the most extreme example, lawyers said, if the Supreme Court were to rule that no entity besides state legislatures can set rules regarding federal elections, that could stop a governor from vetoing election bills or a state court from blocking rules that set up different voting hours in urban and rural precincts.
The Supreme Court has never invoked what is known as the independent state legislature doctrine, but four of the court’s conservative justices have expressed interest in taking on the subject. One of them, Justice Clarence Thomas, was among three justices who advanced it in the Bush v. Gore case that settled the 2000 presidential election.
The case comes as state courts have become increasingly involved in redistricting, the consequence of a 2019 decision in which the Supreme Court said federal courts could no longer handle claims of illegal partisan gerrymandering.
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