Supreme Court Rejects Independent State Legislature Theory

Supreme Court Rejects Independent State Legislature Theory

Jackson Bakich
Jackson Bakich
|
June 27, 2023

Despite lacking the glitz and the glamor of a landmark case like Dobbs v. Jackson, a major win was granted to Democrats across the country in what could be a generational Supreme Court decision. Representative Darren Soto (D-FL) recognized the importance of this decision following the announcement of the 6-3 decision.

The ruling by the High Court rejects the “independent state legislature” (ISL) theory, which would’ve granted state lawmakers the final say on congressional mapping.

With the new ruling, state judges now have more of a clear understanding of their power concerning districting, but not complete and total authority.

Despite Article 1 of the Constitution mentioning that “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” Chief Justice John Roberts wrote in the court's decision that the Elections Clause “does not insulate state legislatures from the ordinary exercise of state judicial review,” as reported by The Washington Post.

Simultaneously, Chief Justice Roberts adds that state courts “may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.”

In short, state legislatures will not have the ability to map districts in abnormal shapes in order to maximize party representation, otherwise known as gerrymandering.

“Thankfully the US Supreme Court rejected the right wing, crackpot theory that state legislators somehow had the power to do whatever they want for redistricting. This is the 2nd precedent this term addressing gerrymandering. Justice is coming to FL soon,” stated Rep. Soto.

In early June, The National Republican Congressional Committee (NRCC) singled out Soto’s opposition to the Lower Energy Costs Act.

"As Americans prepare to hit the road for summer vacations, Saudi Arabia announced it's set to slash oil production and send gas prices skyrocketing. They can thank Darren Soto for the hit to their pocketbook," stated the NRCC.

Republicans believe that Soto’s seat is vulnerable in 2024 as the Sunshine State increasingly becomes a deeper shade of red with each election.

The Lower Energy Costs Act passed in the House of Representatives in March.

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Jackson Bakich

Jackson Bakich

Born in Orlando but raised in Lake County, Florida, Jackson Bakich is currently a senior at Florida State University. Growing up in the sunshine state, Bakich co-hosted the political talk radio show "Lake County Roundtable" (WLBE) and was a frequent guest for "Lake County Sports Show" (WQBQ). Currently, he is the Sports Editor of the FSView and the co-host of "Tomahawk Talk" (WVFS), a sports talk radio program covering Florida State athletics in Tallahassee.

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