A recent decision by the North Carolina Supreme Court suddenly put one of the U.S. Supreme Court’s biggest cases of this term on shaky ground.
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1447845
This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1447845
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Looks like there will be a lot of clean up required on the mess the current activist court is creating (hopefully sooner then later).
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Left unsaid: in the 2022 election the NC (elected) supreme court went from a 4-3 D-R majority to a 5-2 R-D majority. Elections matter.
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Wait, they’re what? This is not the plot twist on this I expected.
By what mechanism can the state supreme court even do this? And could this really lead to the SCOTUS throwing out something they’re already working on?
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Considering the majority lied to get the job, and have already unleashed unlimited untraceable money into our politics, whatever legislation required to keep a white protestant minority in power in this country will be made up, delivered, signed into law and breathlessly misinterpreted by a paid for press.
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Even the ISL theory is (logically speaking at least) subject to federal court review, so it will be a while before, say, state legislatures simply make it illegal for black people to vote. Can federal courts rule on whether something violates a particular state’s constitution?
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radical break with 205 years of history
The thing you need to keep in mind is that MOST of that 205 years came before Newt declared politics to be a blood sport; From the GOP point of view the clock restarted at that point.
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They did. The SC ignored the state’s consitution. It was recent. I’ll dig up the reference later if it matters to you.
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While Critical Race Theory is too deterministic to be a universal explanation of all reality, it sure does work for the origins and sudden popularity of ISL theory. No wonder the GOP is afraid of it, they’re like the Magicians’ Guild trying to keep anyone from publishing the truth behind their tricks.
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And here is where all of the real and lasting damage is being done - in the boring stories that garner single digit comments and don’t feature clowns or villains saying incredibly stupid things.
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Your post called me.
Let me say, however, that Biden injected a path for us that we had better take…and that is the Legislative Achievement path.** The first segments of his SOTU Speech, were voluminous with aggressive policy and action.
I am still surprised that the Fourth Estate did not amplify coverage of that
(no…I am not really surprised 
)
**especially in Red States
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There’s really nothing wrong with the wishes of 38% of the electorate dictating how everyone lives. In perpetuity. Really. There isn’t. Repeat that to yourself every day. It’ll go down easier when it happens.
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I get your point about the lack of TPM comments but from my perspective articles about the Supreme Court are all about “clowns or villains saying incredibly stupid things” and then issuing decisions that bind the country to their viewpoint.
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Complete and utter bullshit. There is nothing in the Constitution which prevents judicial review of legislative activity. NOTHING. These people are making an argument out of whole cloth; their usual ploy.
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That goes to the crux of their argument. They start with an absolutist reading of “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof” and then follow with the same logic they espoused in Dobbs, i.e., "The Constitution makes no reference to abortion judicial review of legislative action, and no such right is implicitly protected by any constitutional provision.” This Court abides by situational interpretation of the Constitution.
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Well, yes, but choosing between the rule of law or naked minority power grab? Duh, no brainer. So ISLT gets passed by the corrupt SCROTUS.
And with the other nutjobbery out of Texas pre-emoting the FDA’s role in approving drugs, we’re back to the law being whatever the corrupt 6 say it is.
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New York legislature needs to stand ready to gerrymander McQarthy right TF out of Speaker Jeffries’ office if the SCOTUS happens to give them the power.
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Of course, the constitution also makes no reference to judicial review for constitutionality of any law. You can argue that it’s implicit, but only if someone is willing to listen.
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Absolutely correct, but as the document is silent on this topic, we must follow other precedents. Don’t worry, the Dominionists on the Supreme Court are working their way towards reversing Marbury v. Madison.
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