Drudge Retort: The Other Side of the News
Sunday, July 03, 2022

Leah Litman, Kate Shaw and Carolyn Shapiro : With that case, Moore v. Harper, the justices will review a North Carolina Supreme Court decision holding that the state constitution prohibits extreme partisan gerrymanders.



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Another view...

The Independent State Legislature Theory Should Horrify Supreme Court's Originalists

...This morning, the Supreme Court decided to hear Moore v. Harper, a challenge to the congressional maps in North Carolina that has the potential to upend over 200 years of election law. In Moore, members of the state legislature are urging the Supreme Court to reinstate the map they drew " and that North Carolina courts struck down as unconstitutional and redrew " using what is known as the "independent state legislature" theory (or ISL). That theory claims that the federal Constitution gives state legislatures the power to regulate federal elections without checks from other state officials or constraints from the state's constitution. Though Moore concerns congressional redistricting, the ISL theory reaches far further and would have sweeping and dangerous implications for most aspects of federal elections.

In 2020, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and, at times, Brett Kavanaugh all indicated that they would have adopted the theory and its vast consequences on the emergency docket. These justices are all part of the Court's "originalist" faction. Originalists, like these four justices and Justice Amy Coney Barrett, contend that constitutional provisions mean what they meant to the public that adopted them. As Justice Barrett has explained, originalists "care about what people understood words to mean at the time that the law was enacted because those people had the authority to make law."


Since 2020, however, new historical research has emerged that puts the ISL theory at odds with the original public meaning of the Constitution. Though all eyes will be on Justice Barrett, who has not yet opined on the theory, Moore also offers the rare opportunity for Justices Thomas, Alito, Gorsuch, and Kavanaugh to show the principled nature of their commitment to originalism by updating their views in light of new Founding-era historical analysis....

#1 | Posted by LampLighter at 2022-07-03 01:10 PM | Reply

About the only one who seems to be willing to take a victory lap for getting what they were hoping for with Trump's Supreme Court is Boaz.

I mean, among Trump voters. There's a lot of Libertarians and Independents who "can't stand Trump" but seem perfectly satisfied with what Trump has wrought. Much like Ravens fans might not like Ray Rice as a person but they can appreciate his work on the field.

Nobody's asking if you like the man. They're asking if you like the legacy of his Presidency.

#2 | Posted by snoofy at 2022-07-03 01:39 PM | Reply

Still not a 'democracy' but then most dem would be unaware of that ; )

#3 | Posted by MSgt at 2022-07-03 05:11 PM | Reply | Funny: 1

Where in the Constitution, brought down in the time before time from Mount Idy itself by Charley Weaver hisself, does it mention "democracy"? Don't mention "Christofascism," either, but there it is.

#4 | Posted by Doc_Sarvis at 2022-07-04 06:47 AM | Reply

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