North Carolina's Governor Says a Fringe Claim Before the Supreme Court Would Upend Democracy
Over the past six months, the United States Supreme Court has handed down one misguided ruling after another, stripping Americans of the constitutional right to an abortion, curtailing the regulation of guns and industrial emissions, and muddying the divide between church and state. The people have protested. Theyve organized. And in 2022, they voted.
In Dobbs v. Jackson Womens Health Organization, the June decision on abortion, the majority wrote that women are not without electoral or political power. Thats one thing they got right, and Republicans found that out the hard way in the November midterm elections that they expected to win big. Now, however, the very ability to exercise electoral and political power at the ballot box is hanging in the balance in a case the court is scheduled to hear on Wednesday.
Moore v. Harper is a case from North Carolina that state and national Republicans are using to push an extreme legal premise known as the independent state legislature theory. While the United States Constitution delegates the authority to administer federal elections to the states, with Congress able to supersede those state decisions, proponents of this theory argue that state legislatures are vested with the exclusive power to run those elections. This view would leave no room for oversight by state courts and put the ability of governors to veto election-related legislation in doubt.
The courts decision on this alarming argument could fundamentally reshape American democracy. Four justices have suggested that they are sympathetic to the theory. If the court endorses this doctrine, it would give state legislatures sole power over voting laws, congressional redistricting and potentially even the selection of presidential electors and the proper certification of election winners.
https://tinyurl.com/yc7nyem2
mahina
(17,651 posts)Mahalo. Heres a. Prayer Roberts refuses to be the 5th.
intheflow
(28,464 posts)OP probably truncated it because it goes on forever.
https://www.nytimes.com/2022/12/05/opinion/supreme-court-elections-vote.html?unlocked_article_code=Kkxbx3UW-StYr5VW9upCE8lKvxTbg0J2s6vFfDLo3hSjJKGk0JY_2U6yd6hOF_eFYzZgnYdjuZbpwE8o39e2CRGME8BwIQM_5nfZmeAkku0p1OuCuX6cHZVLjNWt2db8aLhd6fHC6TBMlBytV7SAKl_uQYXVnAGpCaLGAqZkSz5RHMsdDyTpVbBr54hrkXd2EHYqCJrKkzYP8judDG6KPIRcB4uapWkMe2jqgfSHGTL7Hqpfori4fyCtzPB7EkWlTmN4XmAm_P1TP9JmhTDkAEQ-k4e_JgY-08ZfnuXphkO4QdNwj8HvT3hIubOcRALn5gd2BG3NWVQJSjXp7j9I-BMI3zQK5A&smid=share-url
republianmushroom
(13,590 posts)Cheezoholic
(2,019 posts)the wall of democracy and freedom, fuck reshaping. If SCOTUS sides with the state legislatures you can bet your ass the storm troopers aren't far behind.
Nar1987
(22 posts)Majority ruling against the state legislatures would mean similar cases being filed in the future.
Really wish we had won Wisconsin, Ohio and Florida as well, then we would have been in a better position to expand the Court.
It'd be better if high ranking Dems visited Maine to force Collins to turn independent and caucus with Democrats.