The Supreme Court is poised to cut the heart out of majority rule

[Nevilledog]

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Laurence Tribe
@tribelaw
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Here’s my op-ed explaining why the so-called “independent state legislature” theory SCOTUS has agreed to consider in Moore v Harper (the North Carolina redistricting case) is dangerous and doubly unconstitutional — and describing what you can do about it.
latimes.com
Op-Ed: The Supreme Court is poised to cut the heart out of majority rule
If the court's conservatives adopt the independent state legislature theory, they would be making up law to create an outcome of one-party rule.
5:57 AM · Jul 5, 2022

https://www.latimes.com/opinion/story/2022-07-05/supreme-court-independent-legislature-theory-north-carolina-case-presidential-electors?_amp=true

No paywall
https://archive.ph/CyX0M

The Supreme Court’s extremist justices are aiming their next dagger at the heart of the entire democratic enterprise: voters’ right to pick leaders of their choice.

On Thursday, the court announced that it will hear Moore vs. Harper, a North Carolina case involving gerrymandered congressional district maps drawn by the state’s Republican-controlled Legislature. Those maps would probably give Republicans control of 11 of 14 congressional districts in the state.

North Carolina’s Supreme Court rejected the maps because they violated the state Constitution in illegally favoring Republicans. While the Moore case involves legislative districts, how we choose presidents is in the court’s sights. More on that in a moment.

In Moore, Republican state legislators petitioned the U.S. Supreme Court, advancing a debunked right-wing doctrine innocuously labeled the “independent state legislature” theory. It maintains that state courts can play no role in overseeing their legislatures in federal election matters.

Hence, according to this baseless notion, state legislatures can do whatever they want in manipulating elections no matter how extreme the results — principles of voter equality and fairness be damned, along with the state’s constitution, its governor and its courts.

Four justices — Neil Gorsuch, Clarence Thomas, Samuel Alito and Brett Kavanaugh — had previously signaled support for this idea. One more justice would provide a majority to give state legislatures absolute control of electoral votes in presidential elections.

*snip*

[dchill]

1. Gee! SCOTUS wouldn't do anything UNCONSTITUTIONAL...

... would they?

[The_Counsel]

3. The Have. And They Will Again.

Oh, wait....that was sarcasm, wasn't it? Well played!

[dchill]

8. 😉

[jimfields33]

4. Next up. Going back to state legislators picking senators.

I can see that happening in the next decade. The court seems to want the country functioning as it was during the signing.

[dchill]

9. I'm going to base all my SCOTUS thinking on...

Alito reaching back to a 16th century witch-hunter for legal precedent.

[Lovie777]

2. RWer gawd supersede the USA's Constitution. . .

Red states will not honor their voter's votes when they don't vote for the RWer's choice. Red states voters will not count, sounds like a dictatorship. Red states - dictatorship, Blue states - democracy. Freedom vs. no freedom.

[In It to Win It]

5. This case + this court, equals anxiety for the next year

[Magoo48]

6. Until there's a grassroots uprising that really hurts corporate fascists.

Why should the christofascists stop fucking with us. They hate freedom.

[Poiuyt]

7. We are witnessing the end of our democracy

[MontanaMama]

10. Indeed.

In real time.

[LoisB]

11. Indeed.

[The Mouth]

15. And they very explicitly desire that

Every article about this independent state legislature doctrine includes someone saying 'this isn't a democracy, it's a republic".

They have a dangerous point, because a literal reading is pretty un-democratic, and purposely so.

Article 1, Section 4, Clause 1 of the U.S. Constitution:
"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;"

The second clause will probably be ignored: "but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators."

It says nothing about the courts; I expect SCOTUS to glom onto that, big time.

[question everything]

12. Here is a chance for Roberts to show that he is still in charge. Maybe

[liberalla]

17. Is he up for the challenge? Is he able? I would love to see him exert some control/influence over

the other radicals. However, I don't know how much power he actually has to influence them, OR, if he has the will to do so.

He seems uncertain, unsure and soft in his 'chief' justice leadership role. He's a good public front for the court, but not a steering force...

** I have nothing specific to base this on. It's just my 'sense' of him and the court dynamics.

Anyway, I would love to see him fill his Chief Justice position and show he is "still in charge" as you said.

[Bettie]

20. This is right in his wheelhouse

I think it suits the goals of the people who put him there, so he'll go along with it.

[flashman13]

13. Where have you been?

Poised to cut out the heart of majority rule??? Bush v. Gore was clearly a minority rule decision. It has been repeated over and over since then.

[Hermit-The-Prog]

14. Fascists move fast when they think they've won

If the Subversion Court (formerly and formally, the Supreme Court) of the radical Republicans rules in favor of the radical theory, it would perpetuate control of the Senate, Presidency, Judiciary, and likely a majority of state legislatures. The states which are not now under radical Republican control would be chipped away at until they succumb.

The shit storm is not over yet. We managed to get an umbrella up in 2018, and a roof over our heads in 2020. The flood of shit is now coming at us and we need levees quick.

Mid-term elections are critical. We face an existential threat. Again.

[lonely bird]

16. So...

Have we hit the end of “under good behavior” yet?

[liberalla]

18. This terrifies me. I am going to dig into this and learn everything I can. This is moving quickly

into the number one spot on my list of grave concerns (sharing the top spot with Jan. 6 coup accountability).

[Bettie]

19. And who doesn't think that they will rule against

the constitution here?

I think we all know how they are going to rule. It is ridiculously predictable.

[Cha]

21. This Terrifies me as I bet it does

all of us who cherish our Democracy.💙

Save Our Democracy💙 in 2022 & 2024!