SCOTUS Rejects 'Independent State Legislature' Theory

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The Spin

Democratic narrative

The American people can breathe a sigh of relief after SCOTUS rejected a legal theory that would have given states a license to rig, reject, or outright steal elections, which is especially pertinent as the GOP refuses to rebuke former Pres. Trump about the 2020 election. If the court had affirmed independent state legislature theory, it would have destroyed American democracy as we know it and given control of elections to partisan lawmakers without review or oversight.

Republican narrative

There has been much hysteria surrounding the independent state legislature theory on the left, without realizing that states already have the power to "rig" elections if they so choose. If state lawmakers wished, they could replace presidential electors with those willing to give them a favorable result, which is something states rejected firmly when Trump made requests to do so. Nothing has changed, as it's still political convention, not heavy-handed lawmaking, that keeps our democracy in check.

Metaculus Prediction


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