John,

Imagine this scenario: A Republican-controlled state legislature gerrymanders voting maps so a majority of congressional seats go to GOP candidates — diluting the voting power of communities of color and ignoring the 50/50 political nature of the state. The state supreme court overturns the racist maps. The state legislature pushes back, asserting that the U.S. Constitution effectively gives it the right to do whatever it wants.

Sound far-fetched? It’s not. In fact, it’s precisely the argument the Supreme Court shockingly agreed to take up this fall in Moore v. Harper, a case that will consider a dangerous, fringe doctrine called the “independent state legislature theory.”

So what is this so-called “theory”? In short, it’s an antidemocratic tool for minority rule — a scheme to defy critical checks and balances so that governors, state judges, and even state constitutions would be powerless to intervene. It asserts that state legislatures — and state legislatures alone — have the power to regulate federal elections and that their actions can’t be overruled by state courts. If the Supreme Court adopts this transparently baseless notion (and at least four sitting Supreme Court justices are open to the “theory”), it would be the most radical power grab in recent history.

Independent state legislature theory would allow legislators to entrench their party’s power in Congress through gerrymandered maps and restrictive voting laws. It’s a tool that could allow one party to undermine fair representation and voting access — especially in communities of color that are disproportionately targeted by gerrymanders and vote suppression. In its most extreme form, it could even allow rogue state legislatures to overturn federal elections. Think of it as election denial dressed up in legal garb.

Our democracy — our tradition of free and fair elections — is on the brink. But the Brennan Center is going all in to fight back. We have gathered the legal and historical scholarship that thoroughly discredits independent state legislature theory. We’re using that work to expose this “theory” for the reckless, radical scheme that it really is — sounding the alarm in the media, with allies, and with advocates like you. As someone who cares about our democracy, we need your help getting the word out about this little-noticed case.

Can you help us shine a light on this dangerous “theory”? Share the facts on independent state legislature theory with your family, friends, and elected officials >>

Consider the moment we’re in: In the wake of Trump’s Big Lie of a “stolen” election, voters across the country have been championing pro-democracy reforms with newfound resolve. Some are even pushing to amend their state constitutions to demand fair maps and taking their lawmakers to court to ensure that all citizens have equal access to the ballot. This dubious “theory” could erase these reforms and give state legislators virtually unfettered power to control federal election processes — and their outcomes.

Wrongly decided, this case would strike at the heart of our democracy and prevent voters from electing the leaders of their choice. Unchecked state legislatures could have the near-absolute power to suppress your vote. Voting maps could be drawn unconstitutionally to dilute the power of voters of color. Election administration could devolve into chaos.

J. Michael Luttig, a distinguished conservative jurist, put the threat of independent state legislature theory in very clear terms: “Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine.”

Can you help us get the facts out about this dangerous case? Spread the word: help us expose how harmful and utterly meritless this case is. The Supreme Court is already facing a legitimacy crisis after this term’s extraordinary rulings on abortion and guns. But it can still acknowledge this “theory” for what it is — a naked power grab — and make the right decision in Moore v. Harper.

Thank you for taking action,
The Brennan Center for Justice