Will John Roberts decide who will win the U.S elections? It could come to that; here's what that means
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Moore v. Harper and the Independent State Legislature Theory
In Moore v. Harper (2023), the Supreme Court dismissed the ISL theory, which would have allowed state legislatures near-total control over election procedures, free from state judicial review. This decision initially seemed like a victory for democracy, praised by progressives and media outlets as a rejection of partisan gerrymandering. However, Moore v. Harper didn’t fully close the door on federal courts' ability to override state court decisions regarding election laws, which could affect upcoming elections.
How Moore v. Harper Could Impact the 2024 Election?
Roberts' decision in Moore v. Harper states that state courts interpreting election law remain within their traditional judicial bounds, yet does not define what «ordinary bounds» entail. This vagueness has left election law experts concerned, as it could enable the Supreme Court to involve itself in state election disputes if deemed necessary. This scenario could become critical in the 2024 election if close contests in battleground states lead to legal challenges.
Key States That Could See Supreme Court Involvement
Several key battleground states with histories of close elections could experience legal disputes that might reach the Supreme Court. These include:
Wisconsin: Potential for litigation over absentee ballot deadlines,
