WASHINGTON, June 27, 2023 — The American Bar Association applauds the U.S. Supreme Court’s decision today that rejected the “independent state legislature” theory, which would have given state lawmakers nearly unchecked power over federal elections. The court held that the elections clause of the U.S. Constitution does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.
In October, the ABA filed an amicus brief with the court, expressing a “dire” warning that a legal theory giving state legislatures unfettered authority to set rules for federal elections “would pose a severe threat to … democracy” by freeing federal elections from the rule of law constraints that protect their integrity.
The ABA believes in free and fair elections and in the importance of judicial review as a check and balance in our system of government. Both are cornerstones of our democracy.
The ABA is the largest voluntary association of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.