'Instant chaos' looms over 2024 election if the Supreme Court punts on 'electoral bomb' case

Legal experts are raising red flags that the 2024 presidential election could be thrown into turmoil if the Supreme Court doesn't make a definitive ruling on a controversial theory that would block courts at the state level from becoming involved in election disputes.

According to a report from Politico's Zach Montellaro, the once "fringe" independent state legislature theory is set to be heard by the court and the overwhelmingly conservative court has given signs it may not deliver a ruling in time for the pivotal 2024 election.

The case, Moore v. Harper, addresses "giving legislatures a much freer hand to set the rules of the road for congressional elections," Montellaro wrote, adding, "For instance, states could have potentially unchecked partisan gerrymandering or unfairly alter the rules governing how people can register to vote and cast ballots. "

According to Loyola Law School Professor Justin Levitt, the case is an "electoral" bomb that needs to be dealt with well before the 2024 election season kicks into gear.

“It would mean instant chaos for conducting congressional elections and presidential elections,” Levitt explained before adding, "It means that you’re no longer sure whether the same rules apply to federal elections that apply to state elections.”

The report notes that conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh have "entertained" the notion of ISL and one attorney stated they should stay out of it.

Politico's Montellaro wrote, "Marc Elias — the powerful Democratic lawyer whose firm is representing other parties in the Moore case, claims "the case always had jurisdictional problems and the high court had no business weighing in."

Explained Elias, "Given the composition of the Supreme Court, no one who cares about free and fair elections should be rushing to get the Supreme Court to potentially create any doctrine where none exists.”

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