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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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #ISLTheory #MoorevHarper #Michigan #VotingRights #DemocracyReform

The post Federal Court of Appeals Throws Out GOP Legislator Challenge to Michigan’s Prop 2 Pro-Voter Reforms.  But Sleep with the Light On. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 9, 2022

Listen!

Today’s Links
Articles & Resources:
Democracy Docket – Headed Toward a Middle Ground? Today’s Argument in Moore v. Harper
Center for American Progress – Supreme Court Oral Arguments in Moore v. Harper Discredit Election Theory That Could Undermine Democracy‘
CNN – Takeaways from Moore v. Harper, the historic Supreme Court arguments on election rules
SCOTUS Blog – Court seems unwilling to embrace broad version of “independent state legislature” theory
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’re wrapping up our coverage of the oral arguments held Dec. 7 for Moore vs. Harper, the U.S. Supreme Court case which could put all power for election law into the hands of state legislatures without judicial reviews or gubernatorial vetoes.

In general, the justices asked skeptical questions about the North Carolina legislature’s case, and tried to define what U.S. constitutional latitude that states have in creating & reviewing election law.

Our early analysis yesterday was confirmed by most democracy experts. Most of the justices were skeptical of the historical, constitutional, and practical aspects of the Independent State Legislature theory.

It appears that Justices Gorsuch and Alito are all-in on the theory, and that Justice Thomas was leaning that way. Justices Coney-Barrett, Kavanaugh, and Roberts asked probing questions which pointed out the many weaknesses of the pro-ISL argument, but according to Democracy Docket, were suggesting some type of middle ground constitutional test which could define state legislative power. Justices Kagen, Jackson & Sotomayor were deeply critical of the fundamental and historical of the ISL arguments.

While it appears that a democracy disaster MAY have been averted, and states will retain their state court and gubernatorial veto power over election law, we will see how narrow the court’s decision might be. A ruling is expected early next summer.

Links to analysis by leading democracy scholars can be found at AmericanDemocracyMinute.org. For the American Democracy Minute, I’m Brian Beihl.

The post Democracy Disaster May Have Been Averted, But How Narrow Will the Moore vs. Harper Decision Be? appeared first on American Democracy Minute.

Listen! https://www.podomatic.com/podcasts/americandemocracyminute/episodes/2022-06-12T05_56_25-07_00

Today’s Links:
SCOTUS Decision:   https://www.supremecourt.gov/opinions/21pdf/21a772_h3dj.pdf
Scotus Blog:  “Court allows Pennsylvania officials to count ballots that arrived in undated envelopes”
Election Law Blog:   “Breaking and Analysis: Supreme Court, with 3 Noted Dissents, Won’t Interfere with Pennsylvania Race Requiring Counting of Undated but Timely Mail-In Ballots; Justice Alito Suggests Expeditious Review Before Next Elections“

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We told you earlier this month about the undated ballot case in Pennsylvania, and that it COULD have national implications.  The U.S. Supreme Court has now lifted its temporary stay, but there are now more indications that the court may not be a friend to the American voter.

The U.S. Third Circuit Court of Appeals had ruled that mail-in ballots, which were on time but undated for a county election in Pennsylvania should be counted, but the U.S. Supreme Court recently issued issued a temporary stay.  

SCOTUS Blog reports that June 9th, the Supreme Court rendered a decision, choosing to lift its stay and NOT to hear the case, clearing the way for the undated ballots to be counted.   

Justice Alito, who had issued the temporary stay also wrote a dissent representing himself, Justice Thomas and Justice Gorsuch.  Alito urged the court to take up the case and give a full decision by October in time for the 2022 general election.  They argued the lower court’s assertion that throwing out on-time ballots without a date could disenfranchise voters was flawed and not specific enough.  The dissenters also cited, among other criticisms, that filling out the ballot wrong didn’t have anything to do with the voter’s opportunity to vote, and therefore didn’t likely violate federal voting rights laws. 

For this election, it appeals that the undated ballots will count, not just in Pennsylvania, but around the country.   But it’s not likely the end of the issue.

Links to the decision and analysis are available at AmericanDemocracy Minute.org

Granny D said, “Democracy is not something we have, it’s something we DO.” 

For the American Democracy Minute, I’m Brian Beihl.

The post American Democracy Minute for June 13, 2022: SCOTUS Allows Undated Ballots, but Dissent Shows Some Justices Unfriendly to Voters appeared first on American Democracy Minute.