The Supreme Court rejected the independent state legislature theory in a bombshell decision Tuesday, turning back a right-wing attempt to vest the sole power in administering federal elections with state legislatures.
His dissent was that the Court shouldn’t have taken it up at all b/c the NC Supreme Court had already reversed itself on the original ruling… most likely to preserve the issue for a future case.
IANAL by any stretch, however, my quick read of the dissent was that the Totalitarian Three were HIGHLY sympathetic to the ISLT. It looked like he starts off beating the moot argument to death…but then the second part sure seems to indicate a lot of sympathy for the ISLT. These three are still a huge threat to our democracy.
Kavanaugh spends his brief concurrence emphasizing the same point, that federal courts still have a role to play in cases stemming from election disputes.
Good news but it’s just Roberts successfully convincing Kav and ACB to improve the court’s PR. Soon they’ll all be back to their normal cretinous rulings - especially on the student debt relief case.
It’s sad there was a fear this ridiculously unconstitutional crap could get by SCOTUS. We aren’t in a place anymore where we can relax and have faith that our Court will reject nonsense like this. Instead we worry crap like this will get sustained by the partisan sentiments of 6 assholes on the Court. That they’ll find a way to twist the Constitution’s words into giving them what they want not what the Founders wanted or what’s best for America.
The good news (if any) is that post Dobbs, the Court is very sensitive to public sentiment and scrutiny and has been putting out much better opinions as a result.
With the notable exception of Navaho water rights.