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Yahoo News
SUPREME COURT ELECTION LAW RULING HERALDED AS A WIN FOR DEMOCRACY. BUT IT'S NOT
ALL GOOD NEWS.
THE TRAUMATIC AFTERMATH TO THE 2020 ELECTION HAS NOW PRODUCED A DEFINITIVE
RESPONSE FROM BOTH CONGRESS AND THE SUPREME COURT.
Read full article
1.6k
Jon Ward
·Chief National Correspondent
Tue, June 27, 2023 at 7:07 PM CDT·4 min read
Attorney Neal Katyal and Kathay Feng, national redistricting director at Common
Cause, speaking outside the Supreme Court following oral arguments in Moore v.
Harper, a Republican-backed appeal to curb judicial oversight of elections, Dec.
7, 2022. (Evelyn Hockstein/Reuters)
The Supreme Court’s ruling in an election law case Tuesday prompted many loud
commendations from those who celebrated the majority-conservative court’s
rejection of something called the independent state legislature theory (ISLT).
The theory argued by the North Carolina Legislature in Moore v. Harper — a
dispute between the Legislature and the state Supreme Court over the redrawing
of congressional maps — claims that the state courts should not have any role in
constraining the Legislature when it comes to election law.
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A ‘fringe’ theory
In a statement issued after the ruling, former President Barack Obama called
ISLT a “fringe” theory that “threatened to upend our democracy and dismantle our
system of checks and balances by giving state legislatures near-total control of
federal election laws.”
“This ruling is a resounding rejection of the far-right theory that has been
peddled by election deniers and extremists seeking to undermine our democracy,”
Obama said.
Rick Hasen, director of the Safeguarding Democracy Project at UCLA, said that
the ISLT could have “paved the way for state legislatures to engage in election
subversion.”
Republicans tried to overturn the 2020 presidential election following Donald
Trump’s loss to Joe Biden, despite any evidence of widespread fraud or
irregularities, which drove concerns about the ISLT and future elections. Some
election experts, however, called these fears overblown.
“Those who worry about state legislative rejection of the presidential popular
vote may be looking in the wrong direction,” wrote Bob Bauer and Jack Goldsmith,
two constitutional law experts with extensive experience in government.
But conservative legal scholar J. Michael Luttig, a former federal judge, called
the decision “a resounding and reverberating victory for American democracy.”
The ISLT, Luttig told Slate's Dahlia Lithwick, was "the centerpiece of the
efforts to overturn the 2020 election."
Nonetheless, concerns about the ISLT extended beyond election subversion to how
much impunity state legislatures would have to draw congressional districts
without any oversight or check on their power.
Story continues
John Eastman, a former attorney for Donald Trump, displayed via video during a
House select committee hearing investigating the Jan. 6 attack on the Capitol,
June 21, 2022. Eastman was an architect of the legal arguments used to justify
Trump's attempt to overturn the election and is currently facing disbarment.
(Jonathan Ernst/Reuters)
Not all good news
But election experts like Hasen also said that while the 6-3 decision rejecting
North Carolina Republicans’ attempt to give state legislatures almost total
control of election law was a definitive win, they also cautioned that the
decision had some bad news in it as well.
Chief Justice John Roberts, in his majority opinion, rejected the idea that
state legislatures can do whatever they want, with no input from state courts.
But he also enshrined in legal precedent that the federal courts have a role in
this process too, just as the Supreme Court intervened in the 2000 presidential
election, handing the presidency to Republicans with its decision in Bush v.
Gore.
“Make no mistake. This gives the U.S. Supreme Court the ultimate say over the
meaning of state law in the midst of an election dispute. This is a bad, but not
awful, result,” Hasen wrote.
“It could lead to another Supreme Court intervention in a presidential
election,” he added.
Supporters of Democrat Al Gore and Republican George W. Bush facing off in front
of the Supreme Court in the wake of the landmark post-election legal battle,
Bush v. Gore, on Dec. 11, 2000.
A win for democracy
The traumatic aftermath to the 2020 election has now produced a definitive
response from both Congress and the Supreme Court, insulating the nation from
similar attempts to overturn elections in the future.
Congress last year passed significant reforms to the Electoral Count Act that
make it much harder for politicians to discount legitimate votes of American
citizens, or to try to overturn an election, as Trump and his allies attempted
to do in 2020.
And the Supreme Court decision on Tuesday “strips away the foundation of G.O.P.
arguments that the election was legally problematic because of state court
interventions,” wrote New York Times columnist David French.
In this way, the ruling “dealt a blow” to Trump’s “coup theory,” he wrote.
The nonpartisan National Task Force on Election Crises put it this way: “The
Court has reduced one of the more serious threats for instability and election
crisis.”
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2d ago
* Associated Press
MISSOURI ORDERED TO PAY $242K FOR OPEN RECORDS LAW VIOLATIONS WHILE JOSH
HAWLEY WAS ATTORNEY GENERAL
The Missouri attorney general's office has been ordered to pay $242,000 in
legal fees for violations of the state's open records law that occurred when
U.S. Sen. Josh Hawley held the office. Circuit Judge Jon Beetem ruled in
November 2022 that the attorney general's office violated the open records
law when documents were withheld from the Democratic Senatorial Campaign
Committee during the Republican Hawley's successful Senate campaign in 2018.
Beetem ruled Wednesday that the office must pay $242,000 in legal fees, the
St. Louis Post-Dispatch reported.
9h ago
* HuffPost
MIKE PENCE SAYS HIS KIDS ARE SOMEHOW PROOF AFFIRMATIVE ACTION IS NO LONGER
NEEDED
"I’m grateful today that the Supreme Court took us one step back," Pence
said.
5h ago
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