SCOTUS Seems Ready to Reject Independent State Legislature Idea in a Win for Democracy

by J. Michael Luttig

The retired federal jurist observed oral arguments in a case that would allow state legislatures to reject judicial review in setting the rules of elections, potentially leading to politically-motivated mayhem in federal elections. He thinks that the Court will reject the theory. 

SCOTUS Seems Poised to Overrule Democracy By Drawing on a Historical Forgery

In 1818, Charles Pinckney of South Carolina sent John Quincy Adams a fake document that made it look like Pinckney was a principal author of the 1787 Constitution. At the time, the ruse was rejected. Why are Supreme Court conservatives looking to this document in to justify their decisions?  

Judge Luttig: Independent State Legislature Theory is Nonsense

by J. Michael Luttig

"Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution."