Supreme Court rejects unchecked state legislature power over federal election rules

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The Supreme Court delivered a strong rejection of a controversial legal theory that threatened to upend state election laws nationwide and give state legislatures unchecked power over federal election rules in the case Moore v. Harper.

Daniel Slim/AFP via Getty Images, FILE

Election and democracy experts warned the theory, if adopted in its most extreme application, could have a dramatic impact on how elections are run. State lawmakers would have near unfettered power to rewrite voting rules, potentially putting at risk mail voting, same-day voter registration, ranked-choice voting systems and other statutes for federal races, experts. They also expressed concern partisan gerrymandering would sharply increase if the theory were embraced.

"In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by Article I, Section 4, of the Federal Constitution," Roberts wrote.Daniel Slim/AFP via Getty Images, FILEThe justices argued the case should have dismissed given state-level developments.

Abha Khanna, the attorney representing the plaintiffs in the case, celebrated the ruling as a "resounding victory for free and fair elections in the United States."

 

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