| THE INDEPENDENT STATE LEGISLATURE THEORY AND ITS ...

The 'Independent State Legislature Theory,' Explained

Long relegated to the fringe of election law, the theory will soon be front and center before the Supreme Court, which has agreed to hear a case ...

'Independent State Legislature Theory' | Brennan Center for Justice

It has even been used as political cover to try to overturn elections. At its core, the theory challenges longstanding checks and balances on state legislatures ...

The Independent State Legislature Theory - Democracy Docket

The independent state legislature (ISL) theory is a right-wing constitutional theory about who has the power to set rules for federal elections.

Supreme Court Unpersuaded by the Independent State Legislature ...

Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented. After the North Carolina Legislature redistricted in 2021, voting ...

Independent state legislature theory - Wikipedia

The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the ...

The Independent State Legislature Doctrine

This prong of the doctrine provides that, because the Constitution grants state legislatures the authority to regulate federal elections, election officials and ...

The Independent State Legislature Theory, Federal Courts, and ...

The ISLT rests on the Electors and Elections Clauses of the Constitution, which assign decisions about federal elections to state legislatures.

Independent State Legislature Theory - Protect Democracy

The ISL theory is baseless — it is inconsistent with the text of the Constitution, our nation's history and practice, and Supreme Court ...

Five Questions on the Independent State Legislature Theory for ...

A Supreme Court case being argued December 7 could end state Supreme Courts' ability to restrain partisan gerrymandering of congressional ...

The Independent State Legislature Theory, Federal Courts, and ...

The ISLT rests on the Electors and Elections Clauses of the Constitution, which assign decisions about federal elections to state legislatures. Proponents of ...

U.S. Supreme Court rejects the independent state legislature theory

The court rules that state constitutions can protect voting rights in federal elections and state courts can enforce those provisions, ...

The "Independent" State Legislature in Republican Theory

The independent state legislature theory provides that state legislatures are not constrained by their respective state constitutions in exercising the ...

What Voters Need to Know About the Independent State Legislature ...

The U.S. Supreme Court will hear oral arguments in Moore v. Harper this December, where the court will consider a fringe legal theory that ...

Will the Supreme Court revive the dangerous “independent state ...

Put simply, ISLT posits that because the elections and electors clauses of the U.S. Constitution empower state legislatures to regulate ...

The Dangerous Independent State Legislature Theory

In 2020, conservative justices and the Trump Campaign championed a theory, known as the independent state legislature doctrine, that claims voting rights ...

Independent State Legislature Theory - Ballotpedia

Under the Constitution, checks on state legislatures' power to regulate federal elections come from federal courts and the U.S. Congress. Florida State ...

The Independent State Legislature Theory and Its Potential to ...

The Supreme Court has treated state legislatures' authority under the Electors and Elections Clauses differentl from their authority to ratify ...

Independent State Legislature Theory Undermines Elections ...

If the Supreme Court rules in favor of this theory, the laws state legislatures pass to regulate federal elections would become immune from the ...

History of the Article II Independent State Legislature Doctrine

This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by ...

"Textualism, Judicial Supremacy, and the Independent State ...

This piece offers an extended critique of one aspect of the so-called “independent state legislature” theory. That theory, in brief, holds that the federal ...