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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#Democracy  #DemocracyNews #MoorevHarper

The post SCOTUS Hears Arguments on Dismissing Moore v. Harper; Democracy Advocates Divided appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for March 6, 2023

Today’s Links

Articles & Resources:
Scotus Blog – Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute
Carolina Journal – US Supreme Court seeks information about impact of NC redistricting rehearing
Democracy Docket – U.S. Supreme Court Requests Additional Briefing in Moore v. Harper
Washington Post (paywall) – Supreme Court asks for more briefs on important election-law case
Brennan Center for Justice – Moore v. Harper, Explained

Groups Taking Action:
Declaration for American Democracy, Campaign Legal Center, Common Cause North Carolina, ACLU, NAACP Legal Defense Fund

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.

There’s a development in the pending blockbuster Moore v. Harper “Independent State Legislature” case in the U.S. Supreme Court, which has the court asking for additional information and COULD signal an end to the case without a decision.

Moore v. Harper stems from a North Carolina gerrymandering case where the Republican legislature manipulated the state’s Congressional districts for an estimated 10 to 4 advantage.   

The case was ruled unconstitutional by the state’s high court last year, but was appealed to the U.S. Supreme Court using a radical argument called the “independent state legislature” theory last December.  If embraced, this argument could give state legislatures ultimate control over elections, trumping state constitutions, courts and governors  – and could result in draconian voting restrictions and election rules around the country.  

But In a shocking partisan ruling in February, a new, more conservative North Carolina Supreme Court agreed to rehear Harper, and is likely to reverse the decision made just last year, and instead embrace the gerrymandered maps.  That decision COULD make the Moore v. Harper moot.    

March 2nd, the U.S. Supreme Court asked for additional briefs by March 20 to show what impact the state court’s decision might have on Moore v. Harper.  SCOTUS Blog reports that a decision could come anytime after that date as to whether the court would proceed with the case.

We have links to articles and resources at AmericanDemocracyMinute.org. For the American Democracy Minute, I’m Brian Beihl.   

The post <strong>Development in the Blockbuster Moore v. Harper Independent State Legislature Case Could Signal Its End</strong> appeared first on American Democracy Minute.

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.

The post The Outcome of Reheard NC Case May Make the Scary Moore v. Harper Case Moot. Is that a Good Thing? appeared first on American Democracy Minute.