The Supreme Court Case that Could Upend Democracy
Amicus With Dahlia Lithwick | Law, justice, and the courts
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Is the Supreme Court of the United States to Second Guess State Court Interpretations of State Constitutions?
Petitioners theory would require this court to second guess state court interpretations of state constitutions, often in an emergency posture on the eve of an election. The Supreme Court would essentially be monitoring the scores and scores and scores of practical election administration decisions that do occur before every election. But if the theory were embraced into the most aggressive form by the United States, that would create utter chaos on the ground prior to every election.
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