>> the opinion itself was only cited one time by a supreme court justice. >> that is, until 2020. >> we're going to defeat sleepy joe biden. >> as donald trump faced off against biden, republicans began dusting off an obscure argument from the once pariah case bush v. gore. the independent state legislature theory. chief justice rehnquist claimed the constitution gave state legislatures complete control over presidential elections. today, some republicans want that unchecked power over all federal elections. to put it simply, state legislatures can do whatever they want, and even the state supreme court has no authority to say what you're doing violates the state constitution. >> and what makes this so poignant is right now in america, most of the state