The independent state legislature theory that Republicans in the North Carolina legislature wanted the court to adopt claims that the U.S. Constitution vests power to set the “time, place, and manner” of federal elections to state legislatures alone. Proponents of the independent state legislature theory argued that “the Legislature” should be properly defined to mean the state legislature alone. AdvertisementOpponents of the independent state legislature theory speak before the Supreme Court. Thomas, in a dissent joined in full by Gorsuch and in part by Alito, announced that he would have approved the most radical version of the independent state legislature theory. Trump turned to the independent state legislature theory in arguing that state legislatures could submit competing slates of electoral votes in favor of him to Congress ahead of the Jan. 6 counting of the votes.

Source: Huffington Post June 27, 2023 20:22 UTC