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1/Thread for law nerds: something not yet addressed in the briefing on whether state courts can apply state constitutions to Presidential elections is the 14th Amendment's text actually answers this question. SCOTUS has said so, in the case the GOP is citing to say the opposite
2/Section 2 of the 14A says that "when the right to vote at any election for the choice of electors for President" is "denied or in any abridged," the state loses representations in congress.
3/in McPherson v. Blacker, the Supreme Court held that the "right to vote" described in this provision covering Presidential elections "refers to the right to vote as established by the laws and **constitution of the state.** See below.
4/In other words, if a state legislature allows for a popular vote for President, it can't violate any right to vote established in the state's constitution. And of course, state supreme courts get final say of whether something violates a state constitutional right.
5/Right now in cases in PA, MN, and NC, the GOP is arguing that the state legislature can violate state constitutional rights for Presidential elections. But that's clearly wrong under the 14th amendment and McPherson.
apologies for all the typos!
