SCOTUS has agreed to hear an election case brought forward by members of the North Carolina General Assembly.
Republican members of the general assembly are arguing that state legislators should have far more power in governing elections than courts and activist judges.
North Carolina Senate Chair Phil Berger stated via The Herald Sun “Activist judges and allied plaintiffs have proved time and time again that they believe state courts have the ultimate say over congressional maps, no matter what the U.S. Constitution says.”
Many agree that this case could potentially have the biggest implication for our election system since the founding of the country in 1776.
Opponents of the case argue that this poses a massive threat to our ‘democracy’:
The big question is what this case might do to the 2024 presidential election #ncpol
Donald Trump tried using the same theory NC is arguing now, to stay in power in 2020. If SCOTUS accepts it, some critics say it would effectively end democracy in the US https://t.co/mbptWwVe1Q
— Will Doran (@will_doran) November 28, 2022
In a rare move, the group of all 50 states' Supreme Court chief justices wrote to SCOTUS, urging them to shoot down the argument NC Republican lawmakers are making–that there should be no checks and balances for election laws–in their "Independent State Legislature" case #ncpol pic.twitter.com/jGlPRXEoB0
— Will Doran (@will_doran) September 7, 2022
The Herald Sun writes:
Berger’s statement echoes what other GOP leaders have also said about this case: Their hand was forced by judges who have gotten more and more aggressive in striking down election laws as unconstitutional.
In recent years under Republican leadership at the General Assembly — and a Democratic majority at the N.C. Supreme Court — a number of political lawsuits have led to state-level cases with huge implications for how elections are conducted.
Oral argument in Moore v. Harper is ONE WEEK away, and it’s deeply alarming that enough justices even wanted to consider this clear misinterpretation of the Constitution.
The independent state legislature theory poses an existential threat to our democracy. pic.twitter.com/8zaedV9dwd
— National Redistricting Foundation (@RedistrictFdn) November 30, 2022
They came out and shoveled Citizens United to Hobby Lobby and kept getting worse.
The minute Trump and the Federalist Society had a chance, out came Dobbs.
Now, we are heading into Moore v. Harper…
Elections have substantial consequences!#VoteDemocratic
— Adam B. Bear (@democraticbear) November 27, 2022
Conservative Brief adds:
Kathay Feng, who leads the anti-gerrymandering group Common Cause, called it “the case of the century.”
“It is a case that asserts a bizarre and fabricated reading of the United States Constitution … to create a situation where elections are already rigged from the start,” she said.
Eric Holder, a Democrat and former U.S. attorney general under Barack Obama, said it “should keep every American up at night.”
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