SCOTUS to review "independent state legisilature" theory regarding federal elections next term
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  SCOTUS to review "independent state legisilature" theory regarding federal elections next term
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Author Topic: SCOTUS to review "independent state legisilature" theory regarding federal elections next term  (Read 2038 times)
WV222
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« on: June 30, 2022, 10:24:58 AM »

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I’m not Stu
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« Reply #1 on: June 30, 2022, 10:27:45 AM »

US democracy will die and never come back because of this. Ginsburg’s death was the single worst thing to ever happen in US history.

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T'Chenka
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« Reply #2 on: June 30, 2022, 10:28:30 AM »

American dictatorship via fake electors will become more possible.
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Devils30
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« Reply #3 on: June 30, 2022, 10:38:02 AM »

https://www.washingtonpost.com/politics/2022/06/30/supreme-court-federal-elections-state-legislatures/

I hope all commissions are abolished. Republicans will love the 52-0 map in Cali along with 9-1 in Washington and 7-1 in Colorado. Add what would be possible in NJ VA NY MN and I don’t think conservatives will be too excited.
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Nyvin
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« Reply #4 on: June 30, 2022, 11:01:29 AM »

In the immediate aspect of this case Democrats actually have a lot more to gain since they have so many more large states that vote heavily in their favor.  States like California, New York, New Jersey, and Maryland all would be empowered to draw extreme D gerrymanders without any oversight. 

Republicans are limited because all their large states vote more 50/50 like Georgia, Florida, Texas, and Arizona.   There's only so much gerrymandering they can do when the votes simply aren't all there.
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Horus
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« Reply #5 on: June 30, 2022, 11:03:02 AM »
« Edited: June 30, 2022, 11:12:15 AM by Horus »

In the immediate aspect of this case Democrats actually have a lot more to gain since they have so many more large states that vote heavily in their favor.  States like California, New York, New Jersey, and Maryland all would be empowered to draw extreme D gerrymanders without any oversight.  

Republicans are limited because all their large states vote more 50/50 like Georgia, Florida, Texas, and Arizona.   There's only so much gerrymandering they can do when the votes simply aren't all there.

Will Democrats be willing to aggressively gerrymander though? Or will they yet again chicken out in the name of "bipartisanship"?
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YE
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« Reply #6 on: June 30, 2022, 11:11:06 AM »

Boy things are going downhill in this country.
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Torie
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« Reply #7 on: June 30, 2022, 11:20:40 AM »
« Edited: June 30, 2022, 11:35:02 AM by Torie »

I don't see SCOTUS effectively stripping state courts out of the process to apply state law to the conduct of federal elections, now do I see SCOTUS ruling that states have no power to pass their own laws regarding the conduct of federal elections, except though the legislative branch, cutting out both the governor signing or vetoing the legislation, and the state courts from interpreting it.

I think SCOTUS is taking it up to kill it.

I reserve the right to revise and extend my remarks at a time of my own choosing.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3731755

Squibb from the NYT:

In an earlier encounter with the case in March, when the challengers unsuccessfully sought emergency relief, three members of the U.S. Supreme Court said they would have granted the application.

“This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court’s authority to reject rules adopted by a state legislature for use in conducting federal elections,” Justice Samuel A. Alito Jr. wrote, joined by Justices Clarence Thomas and Neil M. Gorsuch.

Justice Brett M. Kavanaugh agreed that the question was important. “The issue is almost certain to keep arising until the court definitively resolves it,” he wrote.
But he said the court should consider it in an orderly fashion, he wrote, outside the context of an approaching election. He wrote that the court should grant a petition seeking review on the merits “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”



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Darthpi – Anti-Florida Activist
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« Reply #8 on: June 30, 2022, 11:21:28 AM »

This reactionary court needs to be reigned in before it destroys the entire country.
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Darthpi – Anti-Florida Activist
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« Reply #9 on: June 30, 2022, 11:22:26 AM »

I don't see SCOTUS effectively stripping state courts out of the process to apply state law to the conduct of federal elections, now do I see SCOTUS ruling that states have no power to pass their own laws regarding the conduct of federal elections, except though the legislative branch, cutting out both the governor signing or vetoing the legislation, and the state courts from interpreting it.

I think SCOTUS is taking it up to kill it.

I reverse the right to revise and extend my remarks at a time of my own choosing.

Have you been in a damn coma for the last decade?
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Fmr. Pres. Duke
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« Reply #10 on: June 30, 2022, 11:24:50 AM »

US democracy will die and never come back because of this. Ginsburg’s death was the single worst thing to ever happen in US history.



I wish she had announced her retirement when she fell and got sick rather than holding on until she died. Sure, the GOP could've simply blocked any Obama appointee regardless of how long she retired before the election, but it was worth a shot.
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Anti Democrat Democrat Club
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« Reply #11 on: June 30, 2022, 11:28:53 AM »

But muh instuhtooshunz.
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Tartarus Sauce
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« Reply #12 on: June 30, 2022, 11:43:29 AM »

This past week has been a cause for way too much stress and anxiety. I am deeply worried about the the continuing capacity of our democratic institutions to prevent our civil fabric from unravelling.
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they don't love you like i love you
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« Reply #13 on: June 30, 2022, 12:22:17 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.
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Horus
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« Reply #14 on: June 30, 2022, 12:26:12 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.

Yep, if SCOTUS goes through with this I'm looking forward to 6 Bronx-upstate seats and a 51-1 California.
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LostInOhio
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« Reply #15 on: June 30, 2022, 12:35:19 PM »
« Edited: June 30, 2022, 12:49:47 PM by LostInOhio »

In the immediate aspect of this case Democrats actually have a lot more to gain since they have so many more large states that vote heavily in their favor.  States like California, New York, New Jersey, and Maryland all would be empowered to draw extreme D gerrymanders without any oversight.  

Republicans are limited because all their large states vote more 50/50 like Georgia, Florida, Texas, and Arizona.   There's only so much gerrymandering they can do when the votes simply aren't all there.

Will Democrats be willing to aggressively gerrymander though? Or will they yet again chicken out in the name of "bipartisanship"?

Oh you had better believe they would do that. They’ll likely be able to maneuver themselves into eternal control of the House in this instance. The GOP is taking a fly swatter to a hornet’s nest with this one.

If (when?) Texas’s legislature flips they will be beyond screwed
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Ferguson97
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« Reply #16 on: June 30, 2022, 12:39:04 PM »

Our democracy will live or die with this ruling.
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Politician
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« Reply #17 on: June 30, 2022, 12:45:55 PM »

This is a horrible idea, and would be the biggest own-goal by Republicans ever if it happened.
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All Along The Watchtower
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« Reply #18 on: June 30, 2022, 12:49:45 PM »
« Edited: June 30, 2022, 01:52:40 PM by All Along The Watchtower »

If half a dozen members of a life peerage can dismantle democracy (as opposed to, say, a military coup or a self-coup/insurrection), was there much democracy to begin with?

The Washington Post is wrong; democracy does not die in darkness. Democracy dies in the offices and chambers of technically constitutionally legitimate governing elites who willingly bend to the fascists or other violently anti-democratic types. It happened in Weimar and it appears to be happening here.
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Buffalo Mayor Young Kim
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« Reply #19 on: June 30, 2022, 12:55:05 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.
This is a set up to ‘lol State Legislatures can pick the EC’ so the GOP will never have to lose another presidential election and overturning Reynolds v Sims to allow Republicans to map a permanent legislative majority.

We need to do something about the court. They pretty clearly believe that Democrats will never ever do anything about them whine and tell you to vote harder.
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Yoda
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« Reply #20 on: June 30, 2022, 01:12:26 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.

Yep, if SCOTUS goes through with this I'm looking forward to 6 Bronx-upstate seats and a 51-1 California.

Why not 52-0?
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Yoda
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« Reply #21 on: June 30, 2022, 01:18:53 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.
This is a set up to ‘lol State Legislatures can pick the EC’ so the GOP will never have to lose another presidential election and overturning Reynolds v Sims to allow Republicans to map a permanent legislative majority.

We need to do something about the court. They pretty clearly believe that Democrats will never ever do anything about them whine and tell you to vote harder.

This is truly terrifying. If SCOTUS really gives gerrymandered state legislatures representing the minority the power to ignore the popular vote result in their states I don't think it's hyperbolic to say it really will be the end of this country as we know it. Blue states will literally have no choice but to leave the red states to preserve fair and free elections.
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Skill and Chance
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« Reply #22 on: June 30, 2022, 01:26:20 PM »

This would actually benefit Democrats in some states (New York is the after all the largest state where the state high court invalidated redistricting) so I suspect they'll find some excuse to reject it especially as North Carolina probably doesn't need it if the Republicans control the State Supreme Court next year. Still...yikes.
This is a set up to ‘lol State Legislatures can pick the EC’

State legislatures already have the power to pick the EC, they just have to change the law prior to the presidential election.

If this goes off the deep end, particularly to governors can't veto legislation on federal elections or initiatives and referenda can't change federal election law, this does get pretty ugly.  However, the risk is gerrymandering and being unable to extend (federal) voting rights to felons, etc, not presidential electors.   
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Yoda
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« Reply #23 on: June 30, 2022, 01:27:12 PM »

https://www.washingtonpost.com/politics/2022/06/30/supreme-court-federal-elections-state-legislatures/

I hope all commissions are abolished. Republicans will love the 52-0 map in Cali along with 9-1 in Washington and 7-1 in Colorado. Add what would be possible in NJ VA NY MN and I don’t think conservatives will be too excited.

MD could easily go 8-0. Not that I think any of this is a good idea. As was pointed out in the other thread, the end goal of republicans with this lawsuit is for gerrymandered republican legislatures in blue and purple states like Wisconsin, NH, Arizona, Georgia, North Carolina, Florida etc to be able to choose their own electors to the EC should the Democratic presidential candidate win the PV in their states. They will literally steal presidential elections.
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ProgressiveModerate
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« Reply #24 on: June 30, 2022, 01:40:32 PM »

In the immediate aspect of this case Democrats actually have a lot more to gain since they have so many more large states that vote heavily in their favor.  States like California, New York, New Jersey, and Maryland all would be empowered to draw extreme D gerrymanders without any oversight.  

Republicans are limited because all their large states vote more 50/50 like Georgia, Florida, Texas, and Arizona.   There's only so much gerrymandering they can do when the votes simply aren't all there.

Will Democrats be willing to aggressively gerrymander though? Or will they yet again chicken out in the name of "bipartisanship"?

In this case the Adeline of an unfavorable ruling would likely pressure them to do so. We already say IL Dems quite an extreme gerrymander and NY Dems too but that was overturned
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