The 'independent state legislature' theory poses a significant threat to democracy as it seeks to empower state legislatures to override voter decisions without judicial review.
In the past, the Supreme Court firmly rejected ISLT's premise in Moore v. Harper, reinforcing that state legislatures are bound by their constitutions and can be subject to judicial review.
ISLT's argument effectively claims absolute authority for state legislatures over federal elections, denying state courts the right to review actions that may breach state constitutional provisions.
The Supreme Court's upholding of the essential role of state courts in reviewing state laws showcases the necessary checks and balances in the election process.
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