'This reckless case out of North Carolina could explode the unifying understanding that power ultimately rests with the people of this country,' one campaigner said after the U.S. Supreme Court heard oral arguments for Moore v. Harper.
"This is a theory with big consequences," Justice Elena Kagan told Thompson, getting to the heart of the huge significance of the case."It would say that if a legislature engages in the most extreme forms of gerrymandering, there is no state constitutional remedy even if the courts think that that's a violation of the constitution.
Berman also stressed that"the overwhelming bulk of historical evidence refutes the idea that the Founders intended to give state legislatures such unchecked power," and shared Sotomayor's comment to Thompson that his position could only prevail"if you rewrite history."Proponents of the independent state legislature theory try to hang their hat on the U.S. Constitution, but their position is contrary to the Constitution's original and ordinary meaning.
that"I'm not sure I've ever come across a theory in this court that would invalidate more state constitutional clauses as being federally unconstitutional, hundreds of them, from the founding to today." Solicitor General Elizabeth B. Prelogar, who is representing the Biden administration in the case, alsothe court that ILST rejects U.S. history and"would wreak havoc in the administration of elections across the nation."
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