8/25/2023 0 Comments Supreme antihero 2020Thomas, writing in dissent, asserted the Supreme Court should have dismissed the case rather than deciding it.Conservative Justices Clarence Thomas, Neil Gorsuch and Sam Alito dissented. The decision was 6-3 with the court's three-justice liberal wing joining Roberts along with Justices Brett Kavanaugh and Amy Coney Barrett.But state courts, Roberts wrote, "retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause.".That's what's known as the "independent state legislature" doctrine. Opponents say the clause has never been read that way before. The state lawmakers said a plain reading of that clause makes clear that state legislatures have power to set election rules without interference from state courts.
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