Thursday, July 7, 2022
The US supreme court is turning the constitution into a suicide pact
…If all this were not bad enough, the court ended its present term by announcing that it had agreed to hear Moore v Harper in the fall. It is widely feared that the case, which involves a North Carolina redistricting plan, will provide the court's reactionary core the opportunity to adopt the so-called "independent state legislature theory", a previously fringe notion that the constitution gives state legislatures plenary control over elections, free from the oversight of state courts and regardless of contrary provisions in state constitutions. Adopting this dangerous theory could, for example, give legislators spouting the big lie in swing states the power to determine the outcome of a presidential election. Whatever theory we use to interpret the constitution, it should not result in the destruction of the very form of democratic governance the constitution was designed to protect…
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