The American Democracy Minute Radio Report & Podcast for Jan. 3, 2025
Today’s Script
(Variations occur with audio due to editing for time. Today’s Links below the script)
You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.
In November 2022, Michigan voters passed a constitutional amendment enshrining voting protections and expanding ballot access. After the legislature implemented the voters’ directive, GOP legislators sued, claiming that only the legislature could make such changes.
Proposition 2 mandated nine days of early voting, postage for mail-in ballots, a permanent absentee voter list, protections for both voters and election workers from harassment, and a tracking system for absentee ballots. It allowed for the funding of secure drop boxes, the counting of military and overseas ballots if postmarked by election day, and several other reforms.
Conjuring the “independent state legislature theory,” which argues that the U.S. Constitution allows only legislatures to control election law, 11 Michigan GOP legislators sued.
On December 20th the federal Sixth Circuit Court of Appeals affirmed the lower court’s denial of the Michigan legislators’ claim. But importantly, it did so saying that while the individual legislators had no standing to bring the case, a full legislature could, leaving the door open a crack. The U.S. Supreme Court mostly, dismissed the theory in 2023’s Moore v. Harper case, but Justices Thomas, Gorsuch and Alito were all-in on the theory.
For the moment, the pro-voter reforms in Michigan are safe, but be watching for the independent state legislature theory to pop up again soon.
We have the decision, and more on the ISL theory at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – Michigan a Democracy Bright Spot as it Implements Proposition 2 Constitutional Amendment Protecting and Expanding Voting Rights
American Democracy Minute – Michigan Case Which Used the ‘Independent State Legislature Theory’ to Challenge Voting Rights Ballot Questions is Thrown Out
U.S. Sixth Circuit Court of Appeals – Decision in the Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
SCOTUS Blog – (2023) Supreme Court rules against North Carolina Republicans over election law theory
American Democracy Minute – Moore v. Harper Hangover: SCOTUS Decision OKs Court Review, but Also Cracks the Door for a Weaker Version of the Independent State Legislature Theory
Groups Taking Action:
Michigan Alliance for Retired Americans, Detroit Downriver A. Phillip Randolph Institute, Detroit Disability Power
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – Register And Vote in Your State
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