The Supreme Court on Thursday agreed to hear a case that could dramatically change how federal elections are conducted. At issue is a legal theory that would give state legislatures unfettered authority to set the rules for federal elections, free of supervision by the state courts and state constitutions.
Proponents of the theory argue that that clause gives state legislatures power to regulate federal elections uninhibited by state courts or state constitutions. If a majority of the Supreme Court agrees, that would hamstring state courts, removing judicial oversight of state elections.
Election law expert Richard Hasen calls that argument "radical" because it would eliminate "all the other state actors" who participate in making election decisions.
In its most extreme form, the independent state legislature theory was invoked — unsuccessfully — by Trump advocates in an effort to sidestep the legitimate outcome of the 2020 election. In Arizona, for instance, some Trump supporters used the theory in calling for the decertification of the state's electors. Among those seeking decertification was Virginia Thomas, the wife of Justice Clarence Thomas.