SCOTUS Will Hear Case Next Term That Could Transform Election Law

After knee-capping the federal government’s ability to address greenhouse gases and other national issues Thursday, the Supreme Court announced that it would hear a case next term that could effectively eliminate the role of state courts and dramatically increase the power of state legislatures in questions of election law, a potentially huge win for the right in the wake of Donald Trump’s 2020 election theft attempt. 


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1422237
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Gee. I wonder how this one will turn out. I’m on pins and needles.

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So, if I understand this right, the idea is that instead of the usual state lawmaking process, where a bill is passed by both houses of the legislature, then signed by the governor, and the state courts enforce the laws, all, as you know, as defined in each state’s constitution, the idea is that in state legislatures implementing local election law, none of the above applies?

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Not only will this affect how State Courts can check legislatures, it may also affect the ability of State wide elected officials not subject to gerrymandering like Governors to check gerrymandered minority legislatures.

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I think we can all agree that this is now a rogue court; I don’t know what effect Justice Brown-Jackson will have on things, but the Right Wing branch is out of control. I also don’t know of a solution, other than purging the nation of MAGA nuts and the idiots that claim to represent them in government.

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I guess we will soon be spared the inconvenience of voting, altogether.

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Failure to end the Electoral College will be the end of this democracy. Republican state legislatures (the majority of state legislatures now and for the foreseeable future) will choose the next President, with an assist from a favorable SCOTUS ruling on the Independent State Legislature issue. All Trump will need to do next time is skip the damned alternate elector gambit, legislatures will just swap them out for him. Legally.

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Wasn’t this what Kav winkingly told the Trumpers they needed to do so that the SCOTUS could rule in their favor, next time?

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All the more reason to lean hard on Ginni. If there is criminal activity, she must be indicted and tried. It is unlikely that Clarence would be able to remain on the Court while his wife is charged with sedition. Peer pressure would be difficult to ignore. And, if Roberts had any honor (IKR), he would resign rather than “lead” an activist court that ignores precedent.

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Feels like we tried this once and it didn’t work out…

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The court wouldn’t accept this case unless they fully intended to rule in its favor.
But let’s just have Biden give some more Kumbaya because he doesn’t want the public to lose trust in the court.

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If you live in a red state this is true. Red state legislatures will decide which electoral votes to certify regardless of the actual vote count. And gerrymandering means that the outcome of Congressional and state legislature elections are preordained.

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I also don’t know of a solution,

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As with the “presidency” of popular vote loser 45, so with this court supermajority: there is no bottom yet to be seen or possibly to be reached.

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Wingnuts will tell you that the Founding Fathers never meant it to be a democracy.

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Unfortunately, she will be part of a minority.

The electoral college is part of the Constitution. There could have been attempts to fix it further, but the attempts would have been the equivalent of Cassandra warning about Troy.

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Best of luck with that

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What if I were to tell you that we could rid ourselves of this court for the low, low price of about $200 million in congressionally-appropriated retirement bribes?

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…the Supreme Court announced that it would hear a case next term that could effectively eliminate the role of state courts and dramatically increase the power of state legislatures in questions of federal election law

And thus cements the GOP control of Federal government for the foreseeable future, UNLESS…

  1. Voters start paying attention to state and local elections and elect legislators and local officials that represent the majority of the voters, and

  2. Congress puts forth a Constitutional amendment eliminating the Electoral College. #2 will not pass in enough states without #1.

There really hasn’t been any rationale for the Electoral College with “modern” vote counting techniques. Back in the Founders’ days, when mail was less certain and other forms of communication didn’t exist, it may have made SOME sense, but its time and “usefulness” has long passed.

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I’m certain that @sniffit has mentioned this.

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