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4min chapter
The Supreme Court Case that Could Upend Democracy
Amicus With Dahlia Lithwick | Law, justice, and the courts
Morphe Harper, What's the Through Line?
The independent state legislature theory, which we'll get into in a minute, was the centerpiece of the effort to overturn the 2020 presidential election. The through line is this, on January 6th, 2021, I had to reach a decision in my own mind as to the legitimacy and validity of the independent legislator theory. And I had to make that decision before I could advise the vice president in the way that I did. It certainly is the first such instance in history. But I would caution you in your optimism. I can't imagine another circumstance arising like this one.
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