The American Democracy Minute Radio Report & Podcast for Feb. 8, 2023

Today’s Links

Articles & Resources:

Democracy Docket – North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority
NPR – How a major election theory case at the U.S. Supreme Court could get thrown out
Slate – Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be Moot

Brennan Center for Justice – Moore v. Harper, Explained
SCOTUS Blog – Court seems unwilling to embrace broad version of “independent state legislature” theory

Groups Taking Action:

Common Cause NC,  Campaign Lega Center, Represent.Us, Declaration for American Democracy, Protect Democracy

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.

We reported that the new majority on the North Carolina Supreme Court questionably agreed to rehear two cases, one of which later became Moore v. Harper, the most important Democracy case in decades. For better or worse, what the North Carolina court decides may impact all U.S. voters.

In Harper v. Hall, the North Carolina high court threw out the gerrymandered state house, senate and Congressional voting district maps in 2022.

State Republicans argued Moore v. Harper last December in the U.S. Supreme Court, using a fringe “independent state legislature” interpretation of the U.S Constitution, giving legislatures ultimate control over elections. That power would trump the state’s constitution, the courts and even a governor’s veto over redistricting, voting rules and election statutes.

Here’s the plot twist. It’s likely the rehearing of Harper v. Hall will result in it being overturned – BAD for North Carolina. But it could also make Moore v. Harper MOOT in the U.S. Supreme Court, where only three of nine justices seemed sympathetic to sketchy ISL legal argument. Democracy scholar Richard Hasen suggests it is a Republican calculus to get a likely result in North Carolina in the short term, and bring another stronger ISL case to the US justices later. NPR reports Ohio legislators are already preparing one. So moot doesn’t necessarily mean good news for American Democracy.

Find Moore v. Harper resources at AmericanDemocracyMinute.org. I’m Brian Beihl.