Hillary Clinton peddling a 'disinformation campaign' about Supreme Court election law case, legal experts say

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Hillary Clinton is peddling a "disinformation campaign" about a pending Supreme Court election law case by claiming Republicans are scheming to "literally steal" the 2024 presidential election, according to legal experts reached by Fox News Digital.

The failed 2016 presidential candidate claimed Tuesday that, "Right-wing extremists already have a plan to literally steal the next presidential election. And they’re not making a secret of it." She charged that the "right-wing-controlled Supreme Court may be poised to rule on giving state legislatures the power to overturn presidential elections."

Legal experts say, however, that Clinton appears to be referencing and amplifying misinformation about an upcoming Supreme Court case, Moore v. Harper, over whether a state court appropriately rejected the legislature's congressional redistricting plan.

"Hillary is pushing the Left's disinformation campaign when she says the Court may rule in Moore v. Harper to give state legislatures the power to overturn presidential elections," Carrie Severino, president of JCN, told Fox News Digital. "The process for selecting presidential electors is not even before the Court in this case."

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Hillary Clinton speaks at Museum of Modern Art on May 24, 2022, in New York City. (Cindy Ord/Getty Images)

"But even assuming a state legislature were to try something that politically suicidal, it lacks the power to override Congress's determination of election day and to ignore its own election rules, both of which it would be doing in such a scenario," Severino added.

The case, set for oral argument Dec. 7, stems from a lawsuit by the GOP-controlled North Carolina General Assembly over a state court's invalidation of congressional redistricting maps from the 2020 census.

North Carolina lawmakers will argue that the U.S. Constitution gives sole authority to regulate federal elections to state legislatures, and say the state court could not point to any example of how the new maps violated state law. Instead, the lawmakers argue, the court engaged in "unfettered policymaking" by rejecting the maps based on a broad state commitment to hold "free" and "fair" elections.

Clinton made a leap from there to suggest that if the Supreme Court rules in favor of North Carolina, the 2024 presidential election could somehow be decided by Republican-controlled state legislatures.

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Hillary Clinton at Venice Film Festival. (Andreas Rentz)

"Just think, the 2024 presidential election could be decided not by the popular vote, or even by the anachronistic Electoral College, but by state legislatures — many of them Republican-controlled," said Clinton.

Derek Muller, election law professor at the University of Iowa College of Law, said Clinton’s comments are false.

"It is fearmongering designed to fundraise," Muller said. "The case will not permit state legislatures to overturn presidential election results, and no holding from the court will permit that."

"There are many other limitations, including Congress’ power to dictate the time of holding elections, due process, and equal protection that will restrict any such exercise of power," he continued.

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The Supreme Court in Washington, D.C. (AP Photo/J. Scott Applewhite, File)

Jason Snead, executive director of the Honest Elections Project, echoed a similar sentiment saying "by any standard, Hillary Clinton is an election denier."

"She is sowing doubt in future elections and spreading false claims about the Supreme Court in order to fundraise," Snead said. "That is reprehensible, and deserves to be called out."

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The Supreme Court will hear oral argument in Moore v. Harper on Wednesday, Dec. 7 at 10 a.m.

Fox News Digital's Haris Alec contributed to this report.