The Biden administration has urged the Supreme Court to reject a Republican bid to re-empower state legislatures to regulate congressional and presidential elections as they say the U.S. Constitution requires, including removing the judiciary’s power to weigh in on redistricting and other disputes.
The legal filing came in a high-stakes case, Moore v. Harper, court file 21-1271, that the Supreme Court is scheduled to hear on Dec. 7.
At issue is the independent state legislature doctrine, an idea embraced by President Donald Trump that tends to evoke strong opinions among those who follow election law. Although three Supreme Court justices have said the doctrine applied in the Bush v. Gore case that resolved the disputed 2000 presidential election, the court has never ruled on the doctrine directly….