legislatures are controlled by republicans. >> six of rehnquist's fellow justices rejected the theory. but this court has seen four conservatives already voice some you support. if the theory stands, election experts predict chaos in any close contest, with legislatures questioning the results and even selecting their own electors. >> imagine it's 2024. the presidential election is so close it all comes down to one state, let's say pennsylvania. >> pennsylvania's voters choose the democrat. but the republican dominated legislature claims fraud and awards the state to their candidate. >> so now the president of the united states is going to be the republican candidate. >> even though they actually lost the election. democrats appeal to the highest court in the land. >> the supreme court of the united states, using independent state legislature theory, says we don't care that the pennsylvania legislature has