The independent state legislature theory was at the heart of efforts to nullify the results of the 2020 presidential election. Donald Trump’s lawyer John Eastman pushed this fringe theory to facilitate their “campaign to overturn a democratic election, an action unprecedented in American history,” U.S. District Court Judge David O. Carter
It includes rulings of state courts grounded in the state’s constitution, citizen ballot measures and governors’ vetoes.that partisan gerrymandering is not reviewable by the federal courts. But in the majority opinion, Roberts wrote that state courts could still apply state constitutions and statutes to restrict partisan gerrymandering.
Roberts, Kavanaugh and Barrett stopped short of fully embracing the independent state legislature theory. They appeared open to a compromise where state supreme courts could rule on state laws governing federal elections subject to review by federal courts in rare instances. “There’s no basis in text or history for concluding that a governor’s veto can act as a substantive check on the legislative prerogative, but judicial review cannot,” attorney Donald Verrilli, who argued on behalf of North Carolina executive branch officials, told the court., the case that handed the 2000 presidential election to George W. Bush.
Jackson noted that since the state constitutions create the state legislatures, constitutional constraints must apply to the legislature. “I guess what I don’t understand,” she told Thompson, “is how you can cut the state constitution out of the equation when it is giving the state legislature the authority to exercise legislative power.
The vast majority of Supreme Court decisions have turned out to be bad ones. Perhaps we need to get rid of lifelong terms, and limit service on SCOTUS to no more than one term of, say, 7 years?
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