The three justices who issued a concurring opinion in Bush v. Gore that is considered the genesis of the modern independent state legislature theory were then-Chief Justice William Rehnquist and Justices Antonin Scalia and Clarence Thomas.
Notes on verification
Confirmed by multiple independent, credible sources including CNN, SCOTUSblog, and Columbia Law School, all consistently identifying Rehnquist, Scalia, and Thomas as authors of the concurring opinion in Bush v. Gore linked to the independent state legislature theory. [tier=silver indep_score=0.875 clusters=4 claim_tier=notable]
Sources
- What's at Stake When the Supreme Court Argues Moore v. ... (seed:politics_and_current_events)
- https://outsidethebeltway.com/rehnquist-and-the-independent-state-legislature-theory/ (corroboration)
- https://www.cnn.com/2022/12/06/politics/supreme-court-rehnquist-independent-state-legislature-bush-gore/index.html (corroboration)
- https://www.scotusblog.com/2022/06/justices-will-hear-case-that-tests-power-of-state-legislatures-to-set-rules-for-federal-elections (corroboration)
- https://www.law.columbia.edu/news/archive/five-questions-independent-state-legislature-theory-elections-expert-richard-briffault (corroboration)