We have to talk about Moore v. Harper.
Right-wing thieves on the Supreme Court have agreed to hear a case that could very well put a judicial end to the ongoing GOP coup attempt, which could spell the end of our democracy.
The nation is still reeling from the blitzkrieg unleashed by an extreme Supreme Court that used its last term to bulldoze a woman’s right to abortion, neutralized the EPA’s ability to regulate emissions greenhouse gases, limited states’ rights to regulate guns, eroded the separation of church and state, and civil rights undermined by law enforcement in power cannot be sued for having failed to read to a person his Miranda rights.
But the Supreme Court is not done trying to implement minority rule and advance its Christian nationalist agenda. They agreed to hear Moore v. Harperthe single most important case for our nation’s democracy that most Americans still don’t talk about.
In Moore, North Carolina’s Republican House Speaker wants to restore heavily gerrymandered congressional maps drawn by GOP lawmakers that were rejected by the North Carolina Supreme Court. The Court ordered that they be redesigned because they gave the GOP an “extreme partisan advantage” that violated the state constitution. In response, Republicans invoke the “independent state legislature doctrine” which advances “the idea that, under the Constitution, the legislature alone has the power to regulate federal elections, without interference from state courts”, as Amy Howe said in SCOTUSblog.
If the Court buys this absurd theory, then Republican-controlled state legislatures would be safe from interference by state courts, governors, and elected officials who step in to protect the right to vote and fight “harms.” constitutional”. Republicans argue that the Constitution allows state legislatures to completely ignore state Supreme Court rulings when passing federal election laws, which opens the door for the Supreme Court to say it could ignore the governor and act alone.
To put it plainly, if President Joe Biden wins the battleground states again in 2024, the Republican-controlled state legislatures of Wisconsin, Michigan, Georgia, Arizona, and Pennsylvania might simply reject the will of the majority and install their own list of voters and hands. -hand over the presidency to a Republican.
“Sixty percent of state legislatures across the country are controlled by Republican majorities, which are increasingly radicalized and advance dangerous conspiracy theories. How do you think this will end?
This is exactly the mad plan described by right-wing Trump-allied lawyer John Eastman in his six-point memo, which a federal judge concluded was a “coup at the search for a legal theory”. During his deliberate and sober testimony before the January 6 Committee, retired Judge J. Michael Luttig, a longtime conservative, eviscerated the independent state legislature doctrine as dangerous bullshit and warned that “Donald Trump and his allies and supporters are a clear and present a danger to American democracy.
Judge Luttig also told then-Vice President Mike Pence that he had no authority to overturn the results and that he had to follow the law and certify the 2020 election or “this declaration of Donald Trump as the next president would have plunged America into what I believe was tantamount to a revolution in a constitutional crisis in America. Constitutional law scholar Vikram Amar concluded that the theory of an independent state legislature put forward by Republicans “is as flawed as it is treacherous.”
Conservative Justices Clarence Thomas, Neil Gorsuch, Samuel Alito and Brett Kavanaugh have previously signaled that they support a version of the independent state legislature doctrine. Meanwhile, the Court’s alleged moderate, Chief Justice John Roberts, has already used his pen to eviscerate the Voting Rights Act in Shelby vs. Holder and gave the green light to extreme partisan gerrymandering in Rucho. If you haven’t noticed, our voting rights are currently under active assault from an unprecedented wave of GOP voter suppression efforts across the country.
On Friday, conservative Wisconsin Supreme Court justices did their part to erode the right to vote by banning most ballot boxes. Slate’s Mark Joseph Stern analyzed the decision and said the Court uses language question the legitimacy of the 2020 elections. Currently, a majority of Republican voters believe the big lie, along with more than 100 Republicans who won their primaries in May. The GOP has unleashed a “constituency strategy” using an “army” of right-wing activists, including lawyers, to contest and disrupt the upcoming election. The RNC said the violent insurgents seeking to overthrow our election were “ordinary citizens” engaged in “legitimate discourse”. Sixty percent of state legislatures across the country are controlled by Republican majorities, which are increasingly radicalized and advance dangerous conspiracy theories.
How do you think this will end?
In response, President Biden urged the nation on Friday to “vote, vote, vote” just before signing an executive order to protect access to abortion. Voting is the administration’s solution to combating this recent overreliance by the Supreme Court in deer and the continued assault by “extremist” Republicans on our rights. Do not enlarge the Court or limit its jurisdiction, but vote. Of course, we should all vote against as many Republicans as possible, however, voting will not be enough if the Supreme Court rules in favor of Republicans and against democracy in Moore.
There is some hope as senators are “close to an agreement” on amending the Voter Count Act of 1887 that could close loopholes that will be exploited by Republicans to pull off a successful coup. The Brennan Center For Justice recommends that Congress limit the vice president’s role in counting presidential voters. They added that Congress must also ‘clarify the rules around voter nomination’ by replacing ‘vague language about ‘failed’ elections with clearer language stating that voters cannot be selected until after Election Day. in very exceptional circumstances that make voting impossible, such as a major natural disaster, and that the default remedy in such cases is to extend voting in affected areas, not to rerun the election or appoint voters by other ways.
Of course, none of this matters when Republican elected officials and conservative justices are not beholden to the Constitution, rules, democracy, or standards to advance their extremist agenda.
In the meantime, President Biden and the Democrats must sound the alarm on the ongoing GOP coup and educate the majority, pressure the Supreme Court with threats of expansion and reform, and hope that enough Republican senators come to their senses and reform the Election Court Act of 1887. to save our democracy. Or, we can just hope that the Supreme Court refuses to give in to betrayal and “constitutional wrongdoing.” Call me pessimistic on the latter.