The American Democracy Minute Radio Report & Podcast for May, 10, 2023
Today’s Script: (Variations occur with audio due to editing for time)
Today’s Links now below the script
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
Last month, the North Carolina Supreme Court reconsidered the case at the root of Moore v. Harper, overturning its own decision. Doing so may make Harper, now under consideration by the U.S. Supreme Court, moot. Last week, SCOTUS heard arguments for and against dismissing the case, intriguingly putting pro-Democracy groups on both sides of the fence.
The North Carolina legislature argues that the “Independent State Legislature” theory gives legislatures ultimate power over federal election rules: Over the courts and over a governor’s veto. If the conservative majority of the U.S. Supreme Court should embrace the theory, its impact on voting, redistricting, campaign finance and other election rules could be devastating to American democracy as we know it.
In the original SCOTUS hearing last December, liberal justices were joined by some conservative colleagues in expressing skepticism about whether the Constitution granted this power. Then, only Justices Alito, Gorsuch, and Thomas seemed supportive.
SCOTUS Blog reports that pro-democracy parties argued last week the case SHOULD be moot, EXCEPT for democracy advocate Common Cause. Likely betting on the justices’ skepticism, it asked the high court to go ahead and rule on the fringe theory, rather than waiting and considering another case, perhaps an emergency challenge which could disrupt the upcoming election. The court’s decision may come between May 19th and early June.
We have much more on this consequential and complicated case at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
SCOTUS Blog – Moore v. Harper
Democracy Docket – (2022) Four Takeaways: Moore v. Harper Oral Argument
Politico – North Carolina Supreme Court clears way for partisan gerrymandering
SCOTUS Blog – In new filings, lawyers disagree over whether court should decide major election case
Slate – (Commentary) Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be Moot
Carolina Journal – Moore v Harper parties split on whether US Supreme Court should drop case
Brennan Center – Moore v. Harper, Explained
Groups Taking Action:
North Carolina League of Conservation Voters, Common Cause North Carolina, Brennan Center for Justice, Campaign Legal Center,
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