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Drudge Retort: The Other Side of the News
Friday, July 01, 2022

Richard L. Hasen: The Supreme Court on Thursday agreed to hear Moore v. Harper, an "independent state legislature" theory case from North Carolina. This case has the potential to fundamentally rework the relationship between state legislatures and state courts in protecting voting rights in federal elections. It also could provide the path for election subversion in congressional and presidential elections.

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Background:

Supreme Court Signals It May Empower Legislatures to Subvert Elections

Republicans are pushing the independent state legislature doctrine, which would bolster unfettered gerrymandering and Trump's efforts to undercut democracy.
March 9, 2022

The U.S. Supreme Court signaled on Monday that at least four justices are ready and willing to bless a legal theory that was never really taken seriously until the 2020 elections. The so-called independent state legislature doctrine, if adopted, would provide new legal cover for Republicans to use their vast powers in states to subvert elections, shield aggressive gerrymanders, and restrict access to the vote in Democratic strongholds at the local level.

Their feverish idea is that state legislatures should have complete and unfettered control over how federal elections are run and regulated, shielded even from the oversight of state courts. Against the backdrop of efforts by President Donald Trump's supporters to reverse the last presidential election and prepare for the next one, the doctrine would give carte blanche to Republican-run legislatures in swing states like Georgia and Wisconsin, which the GOP has gerrymandered, to ensure it never loses.

Update: On June 30, 2022, the Supreme Court agreed to hear Moore v. Harper, a case that will test the independent state legislature theory


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#1 | Posted by Gal_Tuesday at 2022-07-01 06:46 AM | Reply

Republicans will be over the moon when the Supreme Court announces Red states they can simply ignore elections they don't like.

And it will all be perfectly legal.

#2 | Posted by snoofy at 2022-07-01 08:50 AM | Reply

This U.S. Supreme Court loves the word "subversion."

This isn't normal even for conservatives. I wonder how much they're getting paid under the table?

Or a better question: How much do Republican souls cost these days?

#3 | Posted by Twinpac at 2022-07-01 11:56 AM | Reply

If the SCOTUS sides with NC in this case, that we have lost our Representative Republic will be completely the fault of Democrats. Democrats who were too weak this year to forgo the filibuster and pass two pieces of legislation that would have codified voting rights for the future.

Now it's probably too late. Sinema and Manchin needed to get the hell out of the way of maintaining the filibuster. Then the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act needed to be passed. It's very likely that Democrats have destroyed our democracy.

#4 | Posted by Whatsleft at 2022-07-01 12:15 PM | Reply | Newsworthy 2

If the SCOTUS sides with NC in this case...

What do you mean, "if"?

#5 | Posted by REDIAL at 2022-07-01 12:31 PM | Reply | Newsworthy 1

"that we have lost our Representative Republic will be completely the fault of Democrats."

LOL

#6 | Posted by snoofy at 2022-07-01 12:32 PM | Reply

" Republican-run legislatures in swing states like Georgia and Wisconsin ... "

Wisconsin now has it where Democrats could get 75% of the vote - a massive landslide - and still not control the state legislature.

Did you catch that? Republicans could lose BY 50 POINTS and still control the state legislature.

And right-wingers want to chime in on the fairness?

#7 | Posted by Danforth at 2022-07-01 12:37 PM | Reply | Newsworthy 1

right-wingers want to chime in on the fairness?

Conservatives don't care about fairness.

But they know liberals do.

Which they use to their advantage.

Every single time.

#8 | Posted by ClownShack at 2022-07-01 12:51 PM | Reply | Newsworthy 3

And right-wingers want to chime in on the fairness?

#7 | POSTED BY DANFORTH

The Constitution doesn't specifically say the districts have to be fairly appropriated!

Jeff "gutes deutsch" J

#9 | Posted by jpw at 2022-07-01 04:15 PM | Reply

"If the SCOTUS sides with NC in this case, that we have lost our Representative Republic will be completely the fault of Democrats. Democrats who were too weak this year to forgo the filibuster and pass two pieces of legislation that would have codified voting rights for the future.

Now it's probably too late. Sinema and Manchin needed to get the hell out of the way of maintaining the filibuster. Then the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act needed to be passed. It's very likely that Democrats have destroyed our democracy."

48 Democrats in the Senate are ready to vote to overturn the filibuster to pass voting rights bills, but Manchin and Sinema won't budge. To blame Democrats for destroying our democracy because they don't have enough votes in the Senate to stop Republicans from destroying our democracy is kind of an illogical thing to say.

#10 | Posted by Gal_Tuesday at 2022-07-01 11:31 PM | Reply | Newsworthy 3

OTOH, I think the new conservative SC is going to make happen all the things Republicans have had on their to do wish list and have been dreaming out for years but couldn't get passed through the House and Senate:

I know the echo chamber doesn't want to hear it but for now, I think the chances are rising that D's wake up Nov 4th to realize they just lost the SC for their lifetimes, Roe v Wade overturned, ACA totally repealed, SS/Medicare cut, gun and immigration reform dead
#whatsatstake
twitter.com

#11 | Posted by Gal_Tuesday at 2022-07-02 12:25 AM | Reply

All of these cases comedown to the system of checks and balances., balance between branches of government. The interesting thing is that the "progressives" are all over the place on this. Where they stand on each case (local vs state vs federal, executive vs legislative vs judiciary) depends on the partisan balance of each particular branch right now, rather than any broader philosophy. That is short sighted and will backfire.

Ironic that most of the recent cases upsetting the progressives are those that take power AWAY from the appointed judiciary branch and give it BACK to the legislative branch elected by the people.

#12 | Posted by Miranda7 at 2022-07-02 03:48 AM | Reply

#7 "Wisconsin now has it where Democrats could get 75% of the vote - a massive landslide - and still not control the state legislature. "

Trying to figure out what you are talking about, can you elaborate? Is this a new super majority rule requiring more than 75% or is it something else entirely?

#13 | Posted by Miranda7 at 2022-07-02 04:11 AM | Reply

"Trying to figure out what you are talking about"

The death of democracy.

Democrats could get 75% of the vote and still not control the state legislature.

Does that sound like democracy?

#14 | Posted by snoofy at 2022-07-02 11:06 AM | Reply | Newsworthy 1

"Democrats could get 75% of the vote and still not control the state legislature." Doesn't sound right. Because it's lie. Untrue.

#15 | Posted by visitor_ at 2022-07-03 08:56 AM | Reply | Funny: 1

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