The Most Important SCOTUS Case No One’s Talking About

We need to talk about Moore and Harper.

Right-wing teams in Supreme Court agreed to hear a case that would most likely lay a judicial basis for GOP’s ongoing coup attemptthat could be the death knell for our democracy.

The nation is still reeling from the flash attack unleashed by the radical Supreme Court, who used his last term to level the abortion rights of women, disable EPA’s ability to regulate greenhouse gas emissions, limited powers of states to regulate guns. Miranda the rights.

But the Supreme Court did not attempt to implement the minority and progressive rule its Christian nationalist agenda. They agreed to listen Moore and Harperthe the most consequential case for our nation’s democracy which most Americans still haven’t talked about.

In Moore, The Republican speaker in North Carolina wanted to restore heavily sanctioned congressional maps drawn by GOP-elected officials that were rejected by the North Carolina Supreme Court. The court ordered them to redraw because they gave the GOP a “extreme partisan advantage“Violating the state constitution. In response, Republicans are invoking the “independent state legislature doctrine” that advances “the idea that, under the Constitution, only the legislature has the power to regulate federal elections, without without the intervention of the state courts,” as Amy Howe put it on SCOTUSblog.

If the Court buys this theory of nonsense, then state legislatures controlled by the Republican Party will be immune to any interference from the state courts, governors and elected officials, supporters of the right to vote and fight against “constitutional violations”. Republicans are arguing that the Constitution allows state legislatures to completely ignore state Supreme Court decisions when passing federal election legislation, and this opens the door for The Supreme Court says they can ignore the governor and act on their own.

In a word, if President Joe Biden wins the states again in 2024, Republican-controlled state legislatures such as Wisconsin, Michigan, Georgia, Arizona and Pennsylvania could just need to reject the will of the majority and install their own group of electors. -transfer of the presidency to a Republican.

60% of state legislatures across the country are controlled by a Republican majority, who are increasingly radicalizing and promoting dangerous conspiracy theories. How do you think this will end?

That’s exactly the insane plan outlined by right-wing lawyer allied to Trump, John Eastman, in his six-point memo, which a federal judge concluded was “Coup to seek a legal theory.” In his deliberate and sober testimony before the Committee on January 6, retired Judge J. Michael Luttig, a lifelong conservative, considered the doctrine of the independent state legislature as something dangerous bullshit and warning that “Donald Trump and his allies and supporters are a clear and present danger to American democracy.”

Judge Luttig also told then-Vice President Mike Pence that he had no power to overturn the results and had to follow the law and certify the 2020 election, otherwise.”Donald Trump’s proclamation as the next president will plunge America into what I believe would be tantamount to a revolution in a constitutional crisis in America. “ Constitutional law scholar Vikram Amar concluded Republican-advanced independent state legislative theory “Is wrong as it is betrayal.”

Conservative judges Clarence Thomas, Neil Gorsuch, Samuel Alito and Brett Kavanaugh have signal that they support a version of the doctrine of independent state legislatures. Meanwhile, the alleged moderate on the Court, Chief Justice John Roberts, used his pen to evade the Voting Rights Act in Shelby v. Holder and gave the green light to radical partisans In Rucho. If you haven’t noticed, our right to vote is currently under active attack from an unprecedented wave of GOP voter suppression across the country.

On Friday, conservative judges in the Wisconsin Supreme Court did their part to erode voting rights by ban most voting boxes. Slate’s Mark Joseph Stern analyzed the ruling and said the Court’s use of language question the legitimacy of the 2020 election. Currently, a majority of Republican voters believe the Big Lie, along with more than 100 Republican voters who won the primaries in May. The GOP has released a “limited strategy” used “armys” of right-wing activists, including lawyers, to campaign and disrupt upcoming elections. The RNC said the violent insurgents seeking to overturn our election were “ordinary citizens” engaged in a “legitimate discourse”. 60% of state legislatures across the country are controlled by a Republican majority, who are increasingly radicalizing and promoting dangerous conspiracy theories.

How do you think this will end?

In response, President Biden on Friday called on the nation “Vote, vote, vote” just before signing an executive order to protect access to abortion. Voting is the government’s solution to this “out of control” behavior by the Supreme Court recently in Roe and the continued attacks by “radical” Republicans against our rights. Not to expand the Court or limit its jurisdiction — but to vote. Of course, we should all vote as many Republicans as possible, however, voting won’t be enough if the Supreme Court makes a rule in favor of Republicans and against democracy. in Moore.

There is some hope like the senators “Close to an agreement” about an amendment to the Vote Counts Act of 1887 that would remove loopholes that would be exploited by Republicans to succeed in their coup. Brennan Justice Center suggestions Congress limits the role of the vice president to counting the presidential electors. They added that Congress must also “clarify the rules surrounding the appointment of electors” by replacing “ambiguous language about ‘failed’ elections with clearer language specifying that Electors may only be selected after Election Day in very special circumstances that make voting impossible, such as a major general, natural disaster, and that the default remedy in those cases such a case is to expand voting in the affected areas, not to re-run the election, or to appoint electors by some other means.”

None of this matters, of course, when Republican elected officials and conservative judges don’t follow the Constitution, rules, democracy, or norms to advance the program. their radical agenda.

In the meantime, President Biden and the Democrats must sound the alarm about the GOP’s ongoing coup and educate the majority, pressuring the Supreme Court with threats threatened expansion and reform, and hoped enough Republican senators would wake up and reform the Electoral Court Act of 1887 to save our democracy. Or, we can only hope that the Supreme Court refuses to give in to the betrayal and “violation of the constitution.” Call me a pessimist about the latter.

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