The Johnson brief was a full-throated endorsement of the “independent state legislature” theory, ultimately rejected by the Supreme Court in 2023’s Moore v. Harper. The brief asserted that under the terms of the Constitution, only state legislatures — without any review by state courts or involvement of other state parties — have power to set rules for choosing presidential electors. “The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties,” the brief argued.

-Ruth Marcus in the WaPost