The Role of State Legislators in Presidential Elections

Kavanaugh took a somewhat more nuanced and slightly different position than Roberts, but still, that's still a 6-3 supermajority. It suggests there aren't that many votes in play for this theory that kind of puts state legislatures at the apex of deciding how a presidential election comes out. John Eastman was one of those who tried to push the effort for Vice President Pence to overturn the election results and, therefore, keep Donald Trump in office.