Supreme Court Strikes Blow to the Right’s Favorite Fringe Legal Theory

by Alito, who contended that because the Constitution references “the Legislature"—rather than the "State"—it "specifies a particular organ of a state government."That, as even some conservatives have noted, is a radical and antidemocratic interpretation of the Constitution.

Ultimately, a majority of justices agreed, much to the relief of observers, who had warned that a Supreme Court endorsement of the theory would erode fundamental democratic norms. “Today’s decision from the Supreme Court is a resounding victory for free and fair elections in the United States,”plaintiffs, said in a statement Tuesday. “The independent state legislature theory is a dangerous, fringe legal theory that has no place in our democracy.

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