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Voting rights are under scrutiny in the United States as the U.S. Supreme Court considers a case that could significantly affect who will have the final say on voting rights issues in the future. Judges heard arguments on Wednesday over a voting rights theory that some Republicans have promoted for years that contradicts the conventional reading of the Constitution. A ruling is expected next year.

According to the “Independent State Legislature Theory”, legislators are not bound by the constitution of the individual state and therefore not by decisions of local courts when it comes to suffrage issues in the states. Supporters of Donald Trump have tried to reverse the election result of the 2020 presidential election, which Trump lost. It is feared that acceptance of this theory by the Supreme Court could have dangerous consequences for democracy.

The three liberal judges complained on Wednesday that the theory could undermine the separation of powers and thus the mutual control of constitutional bodies. That control would be abolished when it was most needed, Judge Elena Kagan said. The right-wing majority of the court was rather divided. At least three of the six right-wing conservative judges have opened up to the theory in the past and now argued accordingly in the hearing.

The lawsuit now being negotiated comes from the state of North Carolina. There, the Democrats successfully went to court against the redistribution of the constituencies. The Republicans then turned to the Supreme Court and debated the “Independent State Legislature Theory”. Experts are concerned that the ruling party could pass restrictive electoral laws that prevent certain segments of the population from voting. Ultimately, however, the application of the theory may also affect the certification – ie the formal confirmation – of election results. (saw/sda/dpa)