SCOTUS to review "independent state legisilature" theory regarding federal elections next term (user search)
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  SCOTUS to review "independent state legisilature" theory regarding federal elections next term (search mode)
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Author Topic: SCOTUS to review "independent state legisilature" theory regarding federal elections next term  (Read 2053 times)
ProgressiveModerate
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« 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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ProgressiveModerate
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« Reply #1 on: June 30, 2022, 05:43:54 PM »

Allowing legislatures to election draw maps is one thing and would likely help Dems in congress and Republicans get a lock on several key state legislatures as was the case last decade.

However, would the court really want to delegitimize American democracy to the point where people's votes literally don't matter and the legislature can elect whoever they want? I think that is extremely unlikely.

It would be ironic though if the House ends up with a Dem bias due to a 52-0 Cali. Fr, it seems a bit risky on Republicans part given the only states they'd get to gerrymander would be NC, AZ, and maybe MI and PA. Dems would get CA, NY, WA, CO, MD, ect, ect.
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ProgressiveModerate
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« Reply #2 on: June 30, 2022, 09:22:46 PM »

However, would the court really want to delegitimize American democracy to the point where people's votes literally don't matter and the legislature can elect whoever they want? I think that is extremely unlikely.
Why?

At what point in there entire professional lives has Roberts, Alito, Thomas, Gorsuch, Kavanaugh, and Barrett not been working towards that goal?

No, they've followed quite a conservative and literal view of the US constitution though. I'd argue only Alito and Thomas are truly nut jobs while the other 4 are just justices with one way of looking at the constitution.

No matter your judicial doctrine, no justice inside the remotely normal box would vote to end American Democracy.
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