The justices will hear arguments Wednesday in the court fight brought by North Carolina Republicans, at the center of which is the 'independent state legislature theory.'
, at the center of which is the"independent state legislature theory." Invoked by Chief Justice William Rehnquist in his concurring opinion in Bush v. Gore and raised by former President Donald Trump and Republicans during the 2020 presidential election, the theory suggests that the Constitution grants state legislatures the sole authority to regulate federal elections in their states, without oversight from state courts applying state constitutions.
"Having taken the case, I would hope that the court would drive a stake through this notion of this independent state legislature doctrine and get it off the books and out of our consideration, once and for all," Holder said."It truly is — I cannot emphasize this enough — it truly is a fringe theory that should result in a nine to zero rejection of the theory."
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