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The Blueprint for Stealing the 2024 Election

Gorsuch, Kavanaugh, Trump
TPM Illustration/Getty Images
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April 29, 2022 12:30 p.m.

I wanted to flag your attention to a relatively little seen op-ed by a former federal judge named J. Michael Luttig. The title of the piece: “The Republican blueprint to steal the 2024 election.” Pretty red meat, right? His focus is something we’ve talked about before, the so-called “Independent State Legislature” doctrine. This is the idea — a truly absurd and tendentious reading of the constitution — that holds that state legislatures are the arbiters of the conduct and also the results of federal elections, entirely independent and above the laws of the given state and even the state’s constitution. But before we get into that, let’s get back to Luttig himself who I’ve rather breezily described as a “former federal judge.”

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