Six justices sound skeptical as Supreme Court takes up 'independent state legislature'

[Yo_Mama_Been_Loggin]

Source: Market Watch

WASHINGTON (AP) — At least six Supreme Court justices sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency.

In arguments Wednesday, both liberal and conservative members of the high court appeared to take issue with the main thrust of a challenge asking them to essentially eliminate the power of state courts to strike down legislature-drawn, gerrymandered congressional districts on grounds that they violate state constitutions.

Republicans from North Carolina who brought the case to the high court argue that a provision of the U.S. Constitution known as the elections clause gives state lawmakers virtually total control over the “times, places and manner” of congressional elections, including redistricting, cutting state courts out of the process.

The Republicans are advancing a concept called the “independent legislature theory,” never before adopted by the Supreme Court but cited approvingly by four conservative justices.

Read more: https://www.marketwatch.com/story/six-justices-sound-skeptical-as-supreme-court-takes-up-independent-state-legislature-case-01670438701

[True Blue American]

1. We would have one of the worst messes

Ever if they allowed each state to decide their own election.

I listened to Neil Katyal for Common Cause. I thought even Kavanaugh sounded not in favor. Alito is such a jerk. Him and Thomas did mot of the arguing.

Elections are Federal. We can see how states have used gerrymandering. My state is one of the worst. Congress needs to pass that election law, now!

[irisblue]

6. For real

[elleng]

2. Sounds good.

Looking forward to hearing analysis on PBS NewsHour this evening.

[hildegaard28]

3. The frightening thing about

This whole argument is that basically the state legislatures can't be bound by their state constitutions, or by the U.S. Constitution, when it comes to voting and elections. If they win this argument, the next step will be for the state legislatures to say they can't be bound in any regard by their constitutions or even the U.S. Constitution. Then things will become truly frightening when the state legislatures go completely rogue, especially in those states where the super religious crazies hold power.

[RussBLib]

4. I hope that's true

The SCOTUS is leaning hard right, but perhaps not THAT far, thank goodness.

[bucolic_frolic]

5. This is based on an old Republican wet dream - the company town

where the CEO owns the company, employs everyone, sells all the merchandise in town, owns the politicians, owns the housing the employees rent, is the largest benefactor for the local college and hospitals, and everyone is taught to think in line with the CEO. He owns it all, so it is a company town.

[ThoughtCriminal]

7. The "R" Document

A 1976 Irving Wallace novel.

https://en.wikipedia.org/wiki/The_R_Document

Political thriller in which the FBI Director pushes for an anti-crime Amendment to the U.S. Constitution that is secretly based on a company town in Arizona where the Bill of Rights is basically non-existent due to complete control by the mining company that runs it.

[underpants]

8. Good point. Hadn't thought of that

[SWBTATTReg]

9. Still trying to strip away voter rights and prevent the will of the voters. Everyone of

these thugs should be thrown out on their faces for continuing to push insurrection and all of its ills onto voters.

[PortTack]

10. If the gqp states have the power to send their own set of electors, then there's nothing saying

We couldn’t do the same. Or if a red state were to deny a duly elected congress person or senator, then there would never be a gqp senate seat or congressional seat held in all of CA, NY, IL, WA, MI and others ever again. Two could play that game. The right should think long and hard about that.

[John1956PA]

11. An analogy to "Taking of Pelham 1-2-3" (1974 Movie):

From "Taking of Pelham 1-2-3" (1974 Movie): "Where are the red lights?"

The above question was shouted out by a passenger as the hijacked subway train barreled down the tracks at over 70 miles per hour without any indication that there was in place any safeguard to stop it. In my mind, there is an analogy between that scene and the threat of state legislatures being deemed to have complete control over federal elections. Without federal courts having the power to flash a red light, a runaway legislature in a given state could hijack the will of the voters and submit a slate of electors to the electoral college contrary to the citizens' choice. I hope the Supreme Court, which heard arguments on this issue this morning, will rule that the states' legislatures do not have absolute power to dictate the outcome of federal elections.

[live love laugh]

12. Never. Trust. A Republican.

[burrowowl]

13. Kick

[mountain grammy]

14. Pretty sure King Leonard Leo is working on them..

3 are in his pocket, he only needs 2 more.. the worst is yet to come. The federalists want their money's worth.

[Probatim]

15. I'm sure Alito will find some scholarly tome from pre-Magna Carta days that will be useful.