The Pittsburgh Post-Gazette’s Gene Collier is less than sanguine about how the
Supreme Supremacist Court might act in a case involving the “Independent State Legislature Theory,” if they choose to hear it, especially in the light of some of their recent decisions. An excerpt; follow the link for his reasoning.
The Independent State Legislature Theory, suddenly wildly popular among gerrymanderers, election deniers, vote suppressors, red state political hacks and inveterate Trumplicans, is that since the Constitution puts state legislatures in charge of elections, no state court or state Supreme Court has any jurisdiction on election disputes. There are no more checks and balances. The people who make the election rules can, conceivably, restrict voting access with impunity and throw out the results if they don’t like them.