.LevinsonJessica: The Supreme Court is teetering on the edge of changing American elections for the worse.
deciding the “time, place, and manner” of federal elections and how to appoint electors to the Electoral College belongs only to state lawmakers — the"legislature."
With Justices Clarence Thomas, Samuel Alito and Neil Gorsuch sounding like they’re OK with legislatures having broad power unreviewable by state courts, and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson appearing to espouse the view that, of course, lawmakers’ decisions are subject to review, it may be up to Chief Justice John Roberts and Justices Brett Kavanaugh and Amy Coney Barrett to broker a compromise that says state court judges still have some role to play when...
If, however, the Supreme Court accepts the broadest version of the independent state legislature theory, then state lawmakers will, with few exceptions, have exclusive power to make decisions about federal elections. Those decisions might involve whether there’s early voting, how many polling places there are and where, if voting by mail is allowed and even if the people’s vote for president should be accepted.
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