Supreme Court to take on controversial election-law case
At issue is a legal theory that would give state legislatures unfettered authority to set the rules for federal elections, free of supervision by the state courts and state constitutions.
by Nina Totenberg
Jun 30, 2022
3 minutes
The Supreme Court on Thursday agreed to hear a case that could dramatically change how federal elections are conducted. At issue is a legal theory that would give state legislatures unfettered authority to set the rules for federal elections, free of supervision by the state courts and state constitutions.
The theory, known as the "independent state legislature theory," stems from the election clause in Article I of the Constitution. It says, "The times, places and manner of holding elections for senators and representatives, shall be
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