That is a huge topic. I recommend two essays by Rick Pildes of NYU Law School. Among other things, I gather that (a) the doctrine would upend enormous swaths of election administration and voting rights, (b) it might lead to separate treatment of state and federal elections, and (c) legislatures do still have to comply with federal law.
That is a huge topic. I recommend two essays by Rick Pildes of NYU Law School. Among other things, I gather that (a) the doctrine would upend enormous swaths of election administration and voting rights, (b) it might lead to separate treatment of state and federal elections, and (c) legislatures do still have to comply with federal law.
The two essays are here:
https://electionlawblog.org/?p=131074
https://electionlawblog.org/?p=131215