This Supreme Court and Independent State Legislature Theory [View all]

[orthoclad]

In October, the Supreme Theocracy will rule on a case related to the "Independent State Legislature" (ISL) theory (1) . Proponents of this theory believe that state legislatures are independent of any oversight by the executive or judicial branches. In practice, that means that a state legislature can defy ballot initiatives, court orders, and even the state constitution. The well-gerrymandered state bodies which have been built over the last few decades would then be answerable to no one.

On the pending Supreme Court docket is Moore v. Harper, a case from North Carolina. "In Moore v. Harper, the Supreme Court will decide whether the North Caro­lina Supreme Court has the power to strike down the legis­lature’s illeg­ally gerry­mandered congres­sional map for viol­at­ing the North Caro­lina Consti­tu­tion." (2)

Basically: no one will have the ability to challenge illegally-drawn voting maps, or correct any racial or demographic bias in the way that a state legislature decides to run an election. Goodbye Voting Rights Act (what remains of it). Goodbye to constitutional protections to voting. If a state legislature decides that women don't have the right to vote or to enact a poll tax, there will be no recourse, because courts and constitutions will be inferior to a group of gerrymandered crooks.

How can we vote these crooks out, then, when they have absolute power over redistricting and the rules of the vote?

Look at the current state legislatures. A majority are controlled by the party which decided in 2020 to jettison a platform in favor of just doing whatever the Great Leader wants. Moore v. Harper could be decided in October, before the mid-terms. The party of Gym Jordan and MTG could gain irrevocable power over elections, both local and federal. Ultimate States Rights (3). This is a blazing fire that needs immediate attention.

Trump is toast, but he's eating up all the oxygen in the room. This single Supreme Court case, to be heard by a court composed of a far-right-wing supermajority (with 3 Trumpers), could kill the power of the people. We can't sit back and wring our hands while these extremists get handed vast, generational power.

Don't ask me what to do about it. Ask our elected Representatives, Senators, and President. That's why we elected them. Tell them to fix the Court. Before it does far worse than it already has.

1. https://en.wikipedia.org/wiki/Independent_state_legislature_theory]
2. https://www.brennancenter.org/our-work/research-reports/moore-v-harper-explained]
3. https://www.newyorker.com/magazine/2022/08/15/state-legislatures-are-torching-democracy] : “if Trump was locked up tomorrow it would continue.”