'If this legislation passes and the loophole is closed, state legislatures will have no authority to override the presidential choice of the voters.'
, a case which could dramatically and dangerously rewrite American democracy.
This would eliminate the right of a state Supreme Court to review whether state laws dealing with federal elections comply with the state’s own constitution. The majority opinion written by Chief Justice Roberts stated: “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply.”
Furthermore, every state has delegated to the voters the power to choose the President by voting for the presidential electors of the candidate they choose. While a state legislature could take away this power prior to Election Day, it is politically unfeasible and would lead to a national firestorm. In any event, it is unrelated to the independent state legislature theory.