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An existential threat': the Supreme Court case that could radically reshape US elections

We Never Know

We Never Know

No Slack
This could get interesting.

An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections

"On Wednesday, December 7, the U.S. Supreme Court is scheduled to hear oral arguments in Moore v. Harper, a case that deals with partisan gerrymandering and redistricting in North Carolina as well as a far-right legal idea known as the independent state legislature theory (often abbreviated as ISL). It is the ISL part that has civil libertarians especially worried; the ISL, in its most severe form, argues that only state legislatures should be allowed to govern the administration of elections in individual states — not governors, not judges, not state supreme courts.

The U.S. Supreme Court has rejected the ISL over the years. But civil libertarians and legal experts fear that if the radical-right 2022 edition of the High Court accepts the ISL as valid, it could have dire consequences for democracy in the United States. Imagine a scenario in which a Democratic presidential candidate wins Wisconsin, for example, in 2024 or 2028 but MAGA Republicans in the Wisconsin State Legislature want to give the state’s electoral votes to the Republican nominee who lost; such a scenario, according to civil libertarians and experts on constitutional law, is not far-fetched if the High Court accepts the ISL in its most radical form."

'An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections
 
PureX

PureX

Veteran Member
The new rogue supreme court has been pushing at this idea of rendering state legislatures exempt from any legal recourse for any ruling they impose on elections. Meaning that they could completely ignore the will of their state's voters, by whatever reasoning they choose, to appoint whomever they want to whatever office they want, and the citizenry could not use the courts to force them to obey the will of the voters. It would in effect render one branch of the government impotent regarding the electoral process. Turning elections into nothing but meaningless theater.

This is exactly what should be described as a "existential threat to our democracy". And we can all guess why this idea is being pushed by a specific set of incompetent and biased SC judges. As they were each appointed to the court via the lies and deceit of the republican party.
 
Audie

Audie

Veteran Member
PureX said:
The new rogue supreme court has been pushing at this idea of rendering state legislatures exempt from any legal recourse for any ruling they impose on elections. Meaning that they could completely ignore the will of their state's voters, by whatever reasoning they choose, to appoint whomever they want to whatever office they want, and the citizenry could not use the courts to force them to obey the will of the voters. It would in effect render one branch of the government impotent regarding the electoral process. Turning elections into nothing but meaningless theater.

This is exactly what should be described as a "existential threat to our democracy". And we can all guess why this idea is being pushed by a specific set of incompetent and biased SC judges. As they were each appointed to the court via the lies and deceit of the republican party.
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Honestly. People in America.
 
P

pearl

Well-Known Member
It would certainly be a threat if the legislature had the authority to replace the electors or change the result of the election. But gerrymandering and redistricting ought to be ended.
 
W

wellwisher

Well-Known Member
We Never Know said:
This could get interesting.

An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections

"On Wednesday, December 7, the U.S. Supreme Court is scheduled to hear oral arguments in Moore v. Harper, a case that deals with partisan gerrymandering and redistricting in North Carolina as well as a far-right legal idea known as the independent state legislature theory (often abbreviated as ISL). It is the ISL part that has civil libertarians especially worried; the ISL, in its most severe form, argues that only state legislatures should be allowed to govern the administration of elections in individual states — not governors, not judges, not state supreme courts.

The U.S. Supreme Court has rejected the ISL over the years. But civil libertarians and legal experts fear that if the radical-right 2022 edition of the High Court accepts the ISL as valid, it could have dire consequences for democracy in the United States. Imagine a scenario in which a Democratic presidential candidate wins Wisconsin, for example, in 2024 or 2028 but MAGA Republicans in the Wisconsin State Legislature want to give the state’s electoral votes to the Republican nominee who lost; such a scenario, according to civil libertarians and experts on constitutional law, is not far-fetched if the High Court accepts the ISL in its most radical form."

'An existential threat': Legal expert breaks down the Supreme Court case that could radically reshape US elections
Click to expand...

Will this have any impact on out of state money going into state elections, where National parties try to interfere in state elections? Could the state Legislature's make this practice illegal while also overriding the Nationally funded hired hands in the state courts?

Part of this push for the State Legislature to make election rules for a state, came about in the 2020 election where the COVID pandemic was used as an excuse in some swing states, to ignore the state Constitution, in terms of election laws.

Last minutes changes were added to voting without the required voting by the Legislature. It was one of the examples pointed out as possible election fraud. But it was justified under the paranoia of the COVID bogey man. Now this loophole is being plugged, so it can't be used again to game the system.
 
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