won claimed to be the true electors and submitted official-looking paperwork to federal officials while lobbying state legislatures to undermine the certified results. Democracy experts said the moves weakened the country’s commitment to fair elections and prosecutors are now investigating the Trump electors’ activities.
“It could have been a lot worse,” said Joshua Douglas, a University of Kentucky election law professor. “But I think the story is yet to be told in terms of how this will impact the 2024 election and beyond.” “There’s a lot of cheering going on from a lot of the folks that bring those lawsuits,” he said, referring to Democratic groups and voting rights advocates. “I think that they might be missing the forest for the trees when they see that there’s actually now a great chance that cases are going to get reviewed in federal courts.”“We just don’t know exactly what the test is going to be yet,” he said.
Vikram Amar, the dean of the University of Illinois College of Law, said the court had repudiated the independent state legislature theory and expressed skepticism about how often litigants could get federal courts to take up election matters decided by state courts.“Some people will try to bring cases to exploit the residual opening the court left, but I think that’s the tail, not the dog,” said Amar, who has written extensively about the theory.
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