
SCOTUS Nixes Souped-Up Independent State Legislature Theory
Cato Podcast
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The North Carolina Supreme Court's Decision on the Independent State Legislature
The case was in a complicated procedural posture. Justice Alito Scott stopped there. He said, moot shouldn't have decided I'm not going to talk about the merits of the case. So you had one Alito who just wanted to end it procedurally. You had two dissenters, Thomas and Gorsuch, who said not only is this moot, but if it weren't moot, there might be reasons to take a good look at this theory because there might be something to it. The sixth Justice majority said, you're out of here permanently on the more extreme versions of the independent state legislature doctrine. Go home if that's what we are bringing to us.
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