Moore v. Harper involves a bizarre legal gambit known as the independent state legislature theory. It argues that the Elections Clause of the U.S. Constitution provides state legislatures the sole authority to set the “time, place, and manner” of federal elections.
Its adoption would place legislatures outside of the purview of state constitutions, effectively ending state court judicial review of election laws or congressional district maps.
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The case comes before the court following more than a decade of attempts by North Carolina Republicans to draw hyper-partisan congressional maps following the decennial census in both 2010 and 2020.
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The [independent state legislature ] theory arose in the controversial 2000 Bush v. Gore case when then-Chief Justice William Rehnquist endorsed it in a concurrence joined by then-Justice Antonin Scalia and current Justice Clarence Thomas. It reemerged in force in the fall of 2020 when Republicans in North Carolina, Pennsylvania and Wisconsin used it to argue for the Supreme Court to block election law changes adopted during the COVID-19 pandemic. The court declined to do so, but Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Thomas all showed an interest in either accepting the theory or hearing a case on it. North Carolina’s challenge presented that opportunity and these four justices took up the case, even though the North Carolina legislature specifically authorized the state supreme court to adjudicate gerrymandering disputes in exactly the manner they now wish to invalidate.
Ha! The Bitemaster heartily supports North Carolina in this case. If the Supreme Court agrees, states like New York would be able to produce congressional maps that more fairly represent the feelings of its citizens and award all the state’s 26 congressional seats to deserving Democrats. It would be a great victory, indeed.
Source: The Supreme Court Will Consider A ‘Dangerous’ Theory That Could Break American Democracy | HuffPost Latest News
. . . [T]he House GOP will have to steer legislation through with as few as four votes to spare while its leaders deal with an emboldened Freedom Caucus, internal finger-pointing over a disappointing midterm cycle, and a looming brawl over a 2024 presidential primary that features Donald Trump back in the mix.
“I don’t lie awake at night worrying about the bad legislation they are going to pass. Because I don’t think they’re going to pass it,” said Rep. Don Beyer (D-Va.).
Awaiting the outcome of just one true toss-up race, Republicans will have a majority of either four or five — giving McCarthy the sparest of margins of any other Congress at the start of its term since 1931. Not to mention that he’s already vowed to do away with Pelosi-era proxy voting, making every potential absence a new challenge.
Do away with proxy voting? His view on that is sure to “evolve.”
As Democrats prepare their retreat into the minority, many are less-than-fondly recalling their own two years of vote-wrangling and floor delays while wishing their GOP colleagues luck.
“It was wonderful,” quipped Rep. Dan Kildee (D-Mich.), a member of Pelosi’s whip team who remembered countless after-midnight phone calls this Congress to lock down votes for many of his party’s huge bills. “That was a regular routine, as a matter of fact.”
Source: House Dems on GOP’s thin majority: Welcome to hell – POLITICO
Gregg Phillips, President Donald Trump’s main source for investigating alleged voter fraud in the past election is registered to vote in three different states.
There have been claims that many Trump appointees are unqualified. But not Gregg Phillips. Phillips, the source of Trump’s claim that three million people illegally voted in the November election, knows what he’s talking about. He’s registered in no less than three states.
Source: Trump’s Texas Voter Fraud ‘Expert’ Registered to Vote in Three States
Steven Mnuchin, Steve Bannon and Donald Trump’s youngest daughter, Tiffany Trump, all registered to vote in two states, records show.
The news comes after the President said on Twitter Wednesday morning that he will ask for an investigation into voter fraud. “I will be asking for a major investigation into VOTER FRAUD, including those registered to vote in two states, those who are illegal and even, those registered to vote who are dead (and many for a long time). Depending on results, we will strengthen up voting procedure,” the President tweeted.
Source: Steven Mnuchin, Steve Bannon and Tiffany Trump All Registered to Vote in Two States