Supreme Court Will Not Hear What Could Have Been Major Test of Independent State Legislature Theory Out of Pennsylvania

In an unusually timed orders list, the Supreme Court with no noted dissents turned down RNC v. Genser.

As I’ve repeatedly written, if the Supreme Court is going to clarify the independent state legislature theory’s scope, it is best to do it in a case not affecting the outcome of a presidential election.

But they keep turning these down. and Genser is one that three Justices had earlier signalled was worthy of being heard.

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