Opinion by Leah Litman, Kate Shaw and Carolyn Shapiro: A new Supreme Court case threatens another body blow to our democracy
guaranteeing that elections be “free,” “free and equal,” or “free and open” would not apply to laws governing federal elections, but would still apply to laws governing state elections.
So, for example, if a state court relied on a state constitutional provision to strike down burdensome or voter ID requirements, those requirements would nonetheless remain in place for federal elections. The state would end up with two systems — one for federal elections and one for state elections.to make the rules regarding federal elections.
Fortunately, even if the court embraces the revanchist ISLT, that would not permit state legislatures to throw out votes already cast to appoint presidential electors of their choosing. TheBut the court’s endorsement of the ISLT would still create disarray and would enable anti-democratic power grabs.