this post was submitted on 27 Jun 2023
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Politics

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The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.

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[–] Aezora 3 points 1 year ago (1 children)

I could be wrong, but I don't think the decision would have extended to the actual voting rights. At least directly.

Like they wouldn't be able to make a law saying that black people can't vote; after all, it's only "time, places and manner", which in no way includes who. But they could make it much, much harder for specific groups of people to vote.

[–] [email protected] 3 points 1 year ago

The nightmare scenario was that a highly gerrymandered state legislature could simply ignore the voice of its voters and direct its electors in the Electoral College to vote for a Republican regardless. It is a plausible textualist reading of the Constitution, though obviously very counter to actual practice.