1/ The Supreme Court appeared split on whether state legislators can set voting rules for federal elections without oversight from state courts. The justices are considering a once-fringe legal idea being pressed by North Carolina’s Republican legislative leaders called the “independent state legislature” theory, which argues that an interpretation of the Constitution’s Elections Clause leaves no room for state courts to review election laws. If the justices were to side with the North Carolina Republicans, state lawmakers would have largely unchecked power to set election rules, including reshaping congressional districts through partisan gerrymandering, determining voter eligibility, and mail-in ballot requirements. Justice Elena Kagan called the independent state legislature argument “a theory with big consequences.” (New York Times / Washington Post / Bloomberg / Politico)
2/ Democrat Raphael Warnock defeated Republican Herschel Walker in Georgia’s Senate runoff election. Warnock’s victory gives Democrats a 51-49 Senate majority. Starting in January, Democrats will have full power to send legislation to the Senate floor, have subpoena power, and vote on Biden’s nominees to judicial and executive positions. (Atlanta Journal-Constitution / NPR / Associated Press / New York Times / Washington Post)
3/ Trump’s lawyers found at least two classified documents in a Florida storage unit where the General Services Administration had shipped Trump’s belongings after he left the White House. Trump hired a search team after a federal judge pressured Trump’s lawyers to search more carefully for any remaining documents. The team searched Trump Tower, the Bedminster golf club, an office in Florida, and the Florida storage unit. The documents were turned over to the FBI and no other documents with classified markings were found during the search of four of Trump’s properties. (Washington Post / New York Times / CNN / Associated Press)
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