https://www.cnn.com/2022/07/05/politics/independent-state-legislature-theory-what-matters/index.html
Why Republicans want to redefine one word in the Constitution
Next up could be a complete re-imagining of American democracy, where, if a legal theory based on the word “legislature” is adopted by the Supreme Court, state lawmakers could, in theory, have new power to ignore voters and pick presidents.
The conservative-majority court has agreed to hear a North Carolina case that pits the state’s GOP-controlled legislature against state courts that threw out congressional maps they said were gerrymandered.
Here’s what to know:
What’s the independent state legislature theory?
The Constitution refers specifically to the “legislature” in each state determining the time and manner of federal elections.
Backers of the “Independent State Legislature Claim” argue that since the Constitution doesn’t name other parts of state government – including courts – they should have no power to check the legislature on the subject of federal elections. Even if a state’s constitution or laws give power to courts or a governor, the theory argues legislatures should be able to ignore them.
Why is this coming up now?
The congressional map drawn by North Carolina’s GOP-controlled legislature to benefit Republicans was thrown out by the state Supreme Court earlier this year. While the state is politically split, the legislature’s map would likely have resulted in Republicans picking up two congressional seats. The state courts ultimately adopted a more even map drawn by experts that could result in Democrats gaining a seat in North Carolina.
Republican lawmakers in the Tar Heel State want the US Supreme Court to allow them to ignore the state court and use the GOP-friendly map for future elections after this year’s midterms.
What’s the most-extreme scenario?
Here’s what CNN’s Ariane de Vogue and Gregory Krieg wrote: “If the theory is embraced by the Supreme Court’s conservative supermajority, critics say, rogue legislators would be freed to act without any constraints by courts in their states.”
The Washington Post editorial board pointed out Tuesday that the Supreme Court, which has already said it lacks authority to address gerrymandering, may now take that power away from state courts as well. The end result, according to the Post: “…state legislatures — their own makeup the result of heavy gerrymandering — could contort congressional districts at will to ensure one party has the advantage, playing with how much every individual’s vote really counts.”
06 Jul 22
Here's the short version:
"The conservative-majority court has agreed to hear a North Carolina case that pits the state’s GOP-controlled legislature against state courts that threw out congressional maps they said were gerrymandered."
Repubs want the conservative SCOTUS to allow election tampering.