Democracy advocates raise alarm after Supreme Court takes election case

[In It to Win It]

WaPo

No Paywall

Voting rights advocates expressed alarm Friday, a day after the U.S. Supreme Court said it will consider a conservative legal theory giving state legislatures virtually unchecked power over federal elections, warning that it could erode basic tenets of American democracy.

The idea, known as the “independent legislature theory,” represents to some theorists a literal reading of the Constitution.

But in its most far-reaching interpretation, it could cut governors and state courts out of the decision-making process on election laws while giving state lawmakers free rein to change rules to favor their own party. The impact could extend to presidential elections in 2024 and beyond, experts say, making it easier for a legislature to disregard the will of its state’s citizens.

This immense power would go to legislative bodies that are themselves undemocratic, many advocates say, because they have been gerrymandered to create partisan districts, virtually ensuring the party-in-power’s candidates cannot be beaten. Republicans control both legislative chambers in 30 states and have been at the forefront of pushing the theory.

The Supreme Court’s choice to take up the case came less than a week after the nation’s highest court overturned Roe v. Wade, leaving it to state legislatures to decide whether abortion should be legal, and two days after bombshell testimony before the committee investigating the Jan. 6, 2021, attack on the U.S. Capitol.

The case could also open the door for state legislatures to claim ultimate control over electors in presidential elections, said Marc Elias, a veteran Democratic voting rights attorney.

“If you believe the strongest form of [the theory] then the legislators can do what they want and there’s no judicial review of that,” Elias said. “The way I view it, Republicans tried to subvert the 2020 election, but were clumsy and they are now learning from that where the pressure points and vulnerabilities are in our election systems, and refining their tactics.”

[magicarpet]

1. The Fascist USSC will rule for the fascist Re-THUGS having more,...

... control over our election process and tabulation of our votes - or not.

You can bank on the idea of the Fascist court ruling in favor of the Nazi election administrators.

[alwaysinasnit]

2. k&r for visibility

[PortTack]

3. The answer: keep the house, which Howard Dean seems positive we will. Gain 2 senate seats

And pass a voting rights bill