independent state legislature theory

Ohio Senate Chambers

Ohio Supreme Court power could change under ‘independent state legislature’ theory

BY: - August 1, 2022

An obscure legal theory is in the sights of the U.S. Supreme Court, and that theory may create shockwaves, changing the power of the Ohio Supreme Court and the state legislature. The independent state legislature doctrine is an old theory with its genesis in the U.S. Constitution, specifically the clauses that give the state legislatures […]

Experts warn of election ‘havoc’ across the U.S. if North Carolina case succeeds

BY: - August 1, 2022

WASHINGTON —  Legal experts last week warned lawmakers on the U.S. House Administration Committee that if the U.S. Supreme Court upholds a North Carolina case that embraces a fringe election theory, it would undermine future elections across the country. “To be blunt, it would be extraordinary destabilizing,” said Carolyn Shapiro, a law professor at the Chicago-Kent […]

U.S. Supreme Court agrees to hear NC GOP challenge to state court oversight of redistricting

BY: - July 1, 2022

The U.S. Supreme Court announced Thursday that it will hear a North Carolina redistricting case that one prominent constitutional scholar described to the New York Times as “an 800-pound gorilla brooding in the background of election law cases working their way up from state courts.” In Moore v. Harper, North Carolina Republicans argue that it was and is […]