'Congress must expand the Supreme Court to add balance to a branch of government that has been stolen by radicalized Republicans. This is not a far-fetched idea.'
" theory. It's a theory that's been circulating for years in right-wing circles. It holds that the U.S. Constitution gives state legislatures alone the power to regulate federal elections in their states.
The U.S. Constitution does grant state legislatures the authority to prescribe"the Times, Places and Manner of holding Elections." But it does not give state legislatures total power over our democracy. In fact, for, the Supreme Court has repeatedly rejected the independent state legislature theory. Conservatives on the Court have already paved the way for this bonkers idea. Then-Chief Justice William Rehnquist was an early proponent. In his concurring opinion in, the 2000 case that halted the recount in Florida in the presidential election, Rehnquist asserted that because the state court's recount conflicted with deadlines set by the state legislature for the election, the court's recount could not stand.
Make no mistake. The independent state legislature theory would make it easier for state legislatures tochicanery, without any oversight from state courts: ever more voter suppression laws, gerrymandered maps, and laws eliminating the power of election commissions and secretaries of state to protect elections.
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