J. Michael Luttig: “That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling.”
“There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.”
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