The American Democracy Minute Radio Report & Podcast for May 2, 2023
Today’s Script: (Variations occur with audio due to editing for time)
(Today’s Links now located below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
We reported yesterday on the blatantly partisan decision by the North Carolina Supreme Court to throw out its own 2022 decision and give license to the state legislature to gerrymander at will. That decision ALSO impacts the Moore vs. Harper “independent state legislature” case in the U.S. Supreme Court.
Expecting the North Carolina high court would overturn Harper v. Hall, the nation’s high court asked for additional briefs in early March to decide whether to proceed with Moore v. Harper, the new case name of the challenge to Hall.
The argument used in Harper made it a case with sweeping national implications. Using a shaky theory dismissed by most constitutional scholars, the North Carolina legislature argued that as an “independent state legislature” they were granted ultimate control over most federal election rulemaking – including redistricting and voting.
When the case was heard in late 2022, the theory was met with skepticism from a majority of justices, with the exceptions of Justices Gorsuch, Alito & Thomas, and to some extent, Kavanaugh. The general consensus among court observers suggests that with the overturning of Harper v. Hall, the U.S. Supreme Court will likely dismiss Moore v. Harper.
Don’t breathe easy just yet. Other SCOTUS scholars suggest the conservative majority may look for another case to test the theory in a future term.
We have articles and groups taking action at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Brennan Center – Moore v. Harper, Explained
Charlotte Observer – (Opinion) In NC’s Supreme Court case, the least bad outcome is still really bad
Democracy Docket – North Carolina Supreme Court Will Rehear Two Voting Rights Cases With New GOP Majority
Democracy Docket – Parties in Moore v. Harper Submit Additional Briefing to U.S. Supreme Court
The Atlantic – The Court Is Likely to Reject the Independent State Legislature Theory
Slate – Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be Moot
Justia/Verdict – (Opinion) The Court Should Maintain Optionality in Resolving the So-Called “Independent State Legislature” (ISL) Theory by Granting Cert. in Huffman v. Neiman Right Away as the Justices Chew on Whether Moore v. Harper is Moot
Groups Taking Action:
Public Citizen, Common Cause, League of Women Voters, Union of Concerned Scientists, Human Rights Watch, ACLU, Alliance for Justice
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Find all of our reports at AmericanDemocracyMinute.org
#Democracy #DemocracyNews #MoorevHarper #Gerrymandering