Josh Hawley, used this theory to argue Biden’s victories in key states were illegitimate because they “unlawfully” conducted elections or “failed to follow their own laws.” Trump allies, like right-wing lawyer John Eastman, Texas Attorney General Ken Paxton and Missouri Sen. John Eastman agreed Clarence Thomas wouldn't back theory to block Biden win, Pence aide says presidential election on the Ellipse in Washington, U.S, January 6, 2021. President Donald Trump's personal attorney Rudy Giuliani, as Trump supporters gather ahead of the president's speech to contest the certification by the U.S. This is what formed the basis of many of Trump’s attempts to overturn the 2020 election.Īttorney John Eastman speaks next to U.S. But according to the “independent state legislature” theory, these rule changes were illegal, because they didn’t come directly from the state legislature. Many of these tweaks were implemented by state courts, governors, secretaries of state and other state election administrators. The changes included adding dropboxes in populated areas and easing the rules for when mail-in ballots can be accepted, among other things. States across the country adjusted their election rules in 2020, while the Covid-19 pandemic was raging and before vaccines were available.
Republicans currently control the legislatures in four states that Joe Biden carried in 2020 – Georgia, Arizona, Wisconsin and New Hampshire – and they control two additional statehouses in the battleground states of North Carolina and Florida. One of the reasons Republicans might want to shift power to state legislatures is because their party has a structural advantage on that front.
Supreme Court rejects controversial Trump-backed election law theory (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images) Saul Loeb/AFP/Getty Images The US Supreme Court on Jupheld a law that gives Native American families priority in adoptions and foster care placements of tribal children. The US Supreme Court is seen in Washington, DC, June 16, 2023.
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