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Supreme Court Threatens To Wreak Havoc In Battleground State Elections
Even though courts rejected Trump’s lawsuits, and no legislature followed that script, 84 GOP activists and officials in seven swing states forged do ents giving Trump their Electoral College votes.
“There is no legal theory that is more closely connected to Trumpism and the failed January 6 coup,” Marc Elias,
the activist Supreme Court will hear a case next fall that centers on the independent state legislature theory.
The narrow question in Moore v. Harper is
whether the North Carolina Supreme Court can overrule its legislature that drew gerrymandered districts.
If some version of the ISL theory is validated,
the Supreme Court could eventually gut the modern system of checks and balances that govern state elections.
Both Democratic and Republican states have passed laws to enhance their party’s opportunities in November and have had their supreme courts step in and reject those.”
“What the North Carolina case foretells, if it’s actually upheld by the Supreme Court, is an end to that at the state level. It would remove the state courts as a check on the rapacious use of partisan power.”
three justices have said in other rulings that they support the independent state legislature theory.
the Supreme Court is lending credence to a power grab
that has been, until now, inconceivable in mainstream legal circles.
“You really do end up where the legislature is essentially supreme with the exception of some federal cons utional, or some federal legal checks, on their power.”
The 2020 election’s aftermath has shown what Trump Republicans are willing to do – and suggests what the Supreme Court might validate or incite.
The pro-Trump legislators faced no penalty for indulging evidence-free conspiracies apart from not getting re-elected.
(As of mid-June 2022, more than 100 election-denying candidates for statewide office or Congress have won their GOP primary.)
The fallout could include the dismantling of nonpartisan government election administration by replacing best practices – which, during 2020’s pandemic, allowed for more voting options – with brazen partisan schemes.
legislators could grant themselves the power to certify all winners.
But the possible impacts are much wider and more local, as a look at post-2020 litigation, legislation and enacted laws reveals.
Before 2020’s Election Day, there was litigation about
voter registration,
voter purges,
voter ID laws,
limits to voter assistance,
absentee ballot requirements,
use of drop boxes to return those ballots,
absentee ballot return deadlines,
timetables for fixing mistakes by voters and more.
Republican-led legislatures have imposed new limits on voter assistance, rolled back voting with mailed out ballots, expanded partisan observers and imposed penalties on election officials who may seek to maintain order, and,
in Georgia, recons uted local election boards with GOP appointees.
partisan legislatures that face no checks and balances could drastically change how their state’s elections are run.
found five categories of legislative overreach:
“Usurping control over election results,”
“Requiring partisan or unprofessional ‘audits’ or reviews,”
“Seizing power over election responsibilities,”
“Creating unworkable burdens in election administration,” and
“Imposing disproportionate criminal or other penalties.”
“left unchecked,” which is exactly what the U.S. Supreme Court’s originalists might unleash in Moore v. Harper.
https://www.nationalmemo.com/independent-state-legislature-theory-2657641198
MI's elected (corrupt) supreme court annulled drop boxes.
SCOTUS s America again
