5min chapter

Pod Save America cover image

Supreme Malarkey

Pod Save America

CHAPTER

The Independent State Legislature Theory and the US Supreme Court

No one thought in 2000 that the Supreme Court was going to weigh in on that election because there had been no previous precedent. They basically created a new legal doctrine for the sole purpose of stopping the recount and giving the election to Bush. What does this mean for 2024? So this was mostly about the elections clause, not the electors clause. There are two different clauses in the constitution, but the language in the two cases is basically identical. And so it does seem like if a state legislature after the fact decided to just send in a new slate of electors, like Trump wanted them to do in 2020, the Supreme Court could say they're blatantly unconstitutional based on the state constitution. That's good

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