SCOTUS Rules on Election Laws and Electors

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When former President Donald Trump challenged the results of the 2020 elections, one of the key debates was about who decides the laws on the elections.

Republicans argued that this legal authority falls on the state legislatures. They said that elected officials are the ones who make the laws. They are the ones deciding which electors get to cast the final votes in the Electoral College.

Democrats argued that this power was shared. They said state courts and state governors should be able to exercise their authority and challenge the decisions of the state legislatures.

The Supreme Court settled that debate Tuesday. And under the law of the land, the state legislature is not the sole body that determines how elections are run.

IT’S THE END OF THE EASTMAN THEORY

Trump attorney John Eastman and then-DOJ official Jeffrey Clark cited the McPherson decision in a letter. With that, he pressed Justice Department leaders to issue on the cusp of Jan. 6, 2021. It urged them to call their legislatures into session and consider appointing a new slate of electors.

Chief Justice Roberts put an end to the independent state legislature theory citing Moore v. Harper on Tuesday.

Nothing happened following this theory. The state legislatures didn’t embrace the theory, and Vice President Mike Pence refused to delay counting electoral votes.

Democrats went wild for a failed theory and are trying to criminalize a difference in legal judgment for something that never occurred. There was no crime.


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