The Flimsy Legal Theory That Could Upend American Elections

Published: June 7, 2023, 10:38 p.m.

b'There\\u2019s a connection between Bush v. Gore, gerrymandering in North Carolina, and Donald Trump\\u2019s legal challenges to the 2020 election: they\\u2019ve all been justified by a dubious legal idea called the \\u201cindependent-state-legislature theory,\\u201d or I.S.L.T. Its proponents argue that the Constitution gives state legislatures complete authority over elections, even the authority to override the popular vote. In a story by Andrew Marantz in this week\\u2019s magazine, Laurence Tribe, a law professor emeritus at Harvard, says I.S.L.T. was \\u201cpulled out of somebody\\u2019s butt.\\u201d Leah Litman, a law professor at the University of Michigan, calls it \\u201cright-wing fanfic.\\u201d But, as fringe as it may be, this theory is now before the Supreme Court, in the case Moore v. Harper. Marantz joins Tyler Foggatt to discuss how the theory took hold and what the consequences of the Supreme Court decision could be.'