The Volokh Conspiracy

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Retraction as to Steve Calabresi and Ed Whelan on the Independent State Legislature Theory


Steve Calabresi writes:

In my post yesterday, I was under the mistaken impression that Ed Whalen had bought into the radical "Independent State Legislature Theory" that the North Carolina State Legislature was arguing for yesterday in the U.S. Supreme Court. This is also a theory that former President Donald Trump falsely claimed meant that the Republican State Legislatures of Pennsylvania, Wisconsin, Georgia, and Arizona could have used to nullify the popular vote in those States in 2020 and award their electoral votes to him.

For Ed Whelan's response to the (pre-retraction) Calabresi post, see here.