'If the right-wing Supreme Court justices embrace this latest effort to hinder free elections, then we must find a way to end their power to thwart American constitutional democracy.'
If the right-wing Supreme Court justices embrace this latest effort to hinder free elections, then we must find a way to end their power to thwart American constitutional democracy.
No, say bipartisan groups of election officials, judges, lawyers, election experts, 50 chief justices of state supreme courts, members of redistricting commissions, and historians.Three of them—Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch — seem to agree. If they can win over two of the remaining three right-wingers, our democracy will be in deep trouble.
Republicans went to federal court, asserting that state court judges—and voters—have no power over anything a state legislature chooses to do regarding federal elections. They call it the"independent state legislature" theory.The argument rests on Article I, Section 4 of the U.S.
Likewise, the power of legislatures to prescribe voting procedures doesn't give them absolute, unreviewable dominion over elections.
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