Justices Skeptical of Independent Legislature Theory

“At least six Supreme Court justices sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency,” the AP reports.

“In arguments Wednesday, both liberal and conservative members of the high court appeared to take issue with the main thrust of a challenge asking them to essentially eliminate the power of state courts to strike down legislature-drawn, gerrymandered congressional districts on grounds that they violate state constitutions.”

“The Republicans are advancing a concept called the ‘independent legislature theory,’ never before adopted by the Supreme Court but cited approvingly by four conservative justices.”