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The Independent State Legislature Doctrine is now operational

The right wing legal community used Trump’s psychosis to get them here

This is bad. Very bad:

Leonard Leo’s “Honest Elections Project” files Supreme Court brief arguing state legislatures are not constrained by even state constitutions protecting voting rights when they regulate federal elections.

https://www.supremecourt.gov/DocketPDF/21/21-1271/237126/20220906144631896_21-1271%20tsac%20HEP%20Final.pdf

And, unsurprisingly, ALEC takes the same position—state legislatures should be unconstrained (apparently not only unconstrained by state courts but also “federal judges”):

https://www.supremecourt.gov/DocketPDF/21/21-1271/237111/20220906133436404_21-1271_Amicus%20Brief.pdf

Of course John Eastman for Claremont Institute also believes that state courts cannot apply state constitutional provisions to protect voting rights against action of state legislatures in federal elections

Originally tweeted by Rick Hasen (@rickhasen) on September 7, 2022.

I’ve written a lot about the Independent State Legislature Doctrine, which, in a normal time would be laughed out of court but which may very well be validated by the Alito 6. This is now a Leonard Leo project, which means he will be able to put his billion dollars of dark money behind to get it before the court.

Here’s a video of Leonard Leo making it clear just what a smarmy political operator he really is:

They don’t even try to hide it.

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