Tag: North Carolina Supreme Court
Wisconsin and North Carolina Republicans Are Playing a Dangerous New Game
Even as U.S. politics became more contentious and polarized over the past quarter century, a few pockets of the government remained comparatively above the fray, including the courts, which sought to position themselves apart from politics, and state capitols, where pragmatism trumped partisanship.
But those redoubts have fallen in recent years. The Supreme Court has become more ideologically aligned with the Republican Party, and state legislatures host pitched ideological battles. Now institutions that sit at their intersection—state courts, especially state
The Court Is Likely to Reject the Independent State Legislature Theory
It is often difficult, if not impossible, to tell what the Supreme Court is thinking about a case from the questions the justices ask counsel. But the argument in Moore v. Harper, heard by the Court in early December, was different. By the end, it was clear the Supreme Court has no appetite for the independent state legislature theory—and that offers hope for the future of America’s democracy.
The theory—that state legislatures have the unreviewable power to set
Moore v. Harper Could Derail America’s Democracy
In just a few days, on December 7, the Supreme Court will consider a case that could have dire implications for American democracy, Moore v. Harper.
Moore concerns the “independent state legislature” theory: the idea that the Constitution grants state legislatures some level of special authority in administering federal elections that may not be constrained by state courts or perhaps even state constitutions. The idea is, to put it mildly, contested. The conservative jurist J. Michael Luttig, who recently
There Is Not an ‘Independent State Legislature’
The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.
In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections
North Carolina Is a Warning
The ad that signaled the coming catastrophe for democracy in North Carolina appeared just four days before the November 2012 election. As the ad opened, a woman’s voice wondered aloud whether voters “can trust Sam Ervin IV to be a fair judge.” Ervin, captured in black and white, looks shifty, moving his eyes back and forth before turning his head suddenly as if he is on the run. Ervin and his family, the ad announced, had donated to the