“An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars; Several new studies document the current court’s distinctive insistence on its dominance and the justices’ willingness to use procedural shortcuts to achieve it”

Adam Liptak NYT Sidebar column:

The arguments this month over the role of state legislatures in setting rules for federal elections seemed to illustrate the point. The questioning suggested that the court was not prepared to adopt a novel legal theory that would upset the ordinary checks and balances at the state level in election litigation.

Rather, the justices seemed ready to elevate their own role in the process, giving themselves the right to do something ordinarily forbidden: second-guess state courts’ interpretations of state law.

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