The American Democracy Minute Radio Report & Podcast for December 7, 2022
What Happens if the SCOTUS Majority Embraces the Independent State Legislature Theory in Moore v. Harper?
Today’s Links
Articles:
Brennan Center for Justice – Moore v. Harper, Explained
The Atlantic – Is Democracy Constitutional?
PBS NewsHour – How the outcome of Moore v. Harper could impact federal elections
League of Women Voters US – State Legislature Seeks Unchecked Power over Elections in Moore v. Harper
Brookings / Democracy 21 – Democracy on the ballot—the “independent state legislature theory” will not empower state legislatures to override presidential election results
Arizona Mirror – Brnovich joins 12 other GOP AGs in ‘independent state legislature’ case
Groups Taking Action:
League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal Center, Declaration for American Democracy (DFAD)
DFAD Rallies on Moore v Harper – “Hands Off Our Vote”
Today’s Script: (Variations occur with audio due to editing for time)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
December 7, the U.S. Supreme Court hears oral arguments in Moore vs. Harper, a case testing the “Independent State Legislature” theory. So, what could happen if the majority embraces this theory?
At stake is whether state legislatures have ultimate authority over elections: Higher authority than the U.S. Constitution & statutes, higher than state supreme courts and constitutions, and higher than a Governor’s veto. The U.S. Supreme Court has already said in 2019 that only state courts have the authority to decide partisan redistricting cases. That decision essentially greenlighted the widespread gerrymandering we saw in the 2020 redistricting process.
The Brennan Center for Justice and other scholars suggest citizen ballot initiatives could be nullified. State legislatures could ignore the U.S. or state constitution’s voting rights provisions and establish unchecked barriers to voting. Existing state laws like early voting or voting by mail could be repealed without the check of a gubernatorial veto. Some scholars have suggested that legislatures could change the electors for a Presidential election, or overturn election results. Democracy 21’s Fred Werthheimer says this is unlikely, but Congress should pass the Electoral Count Reform Act to close that loophole.
In short, the impact of Moore v. Harper could reshape American democracy, and it could be one of the most consequential and destructive Supreme Court decisions of our time.
Find out more at AmericanDemocracyMinute.org. For the American Democracy Minute, I’m Brian Beihl.