will rule on the so-called independent state legislature theory. partisan state legislatures may soon have complete control over federal elections. >> that's dictatorship that's madness. >> the theory isn't new. it dates back more than 20 years. to another monumental case. >> nine justices, as divided as this nation. >> bush versus gore saw five conservative justices essentially hand the presidency over to george w. bush. >> please raise your right hand. >> most of the justices seemed unconvinced by the court's own decision. they suggested the opinion was limited just to this one unusual case. even after voting with the majority, justice scalia called the opinion a "piece of shit."