This Supreme Court and Independent State Legislature Theory

[orthoclad]

In October, the Supreme Theocracy will rule on a case related to the "Independent State Legislature" (ISL) theory (1) . Proponents of this theory believe that state legislatures are independent of any oversight by the executive or judicial branches. In practice, that means that a state legislature can defy ballot initiatives, court orders, and even the state constitution. The well-gerrymandered state bodies which have been built over the last few decades would then be answerable to no one.

On the pending Supreme Court docket is Moore v. Harper, a case from North Carolina. "In Moore v. Harper, the Supreme Court will decide whether the North Caro­lina Supreme Court has the power to strike down the legis­lature’s illeg­ally gerry­mandered congres­sional map for viol­at­ing the North Caro­lina Consti­tu­tion." (2)

Basically: no one will have the ability to challenge illegally-drawn voting maps, or correct any racial or demographic bias in the way that a state legislature decides to run an election. Goodbye Voting Rights Act (what remains of it). Goodbye to constitutional protections to voting. If a state legislature decides that women don't have the right to vote or to enact a poll tax, there will be no recourse, because courts and constitutions will be inferior to a group of gerrymandered crooks.

How can we vote these crooks out, then, when they have absolute power over redistricting and the rules of the vote?

Look at the current state legislatures. A majority are controlled by the party which decided in 2020 to jettison a platform in favor of just doing whatever the Great Leader wants. Moore v. Harper could be decided in October, before the mid-terms. The party of Gym Jordan and MTG could gain irrevocable power over elections, both local and federal. Ultimate States Rights (3). This is a blazing fire that needs immediate attention.

Trump is toast, but he's eating up all the oxygen in the room. This single Supreme Court case, to be heard by a court composed of a far-right-wing supermajority (with 3 Trumpers), could kill the power of the people. We can't sit back and wring our hands while these extremists get handed vast, generational power.

Don't ask me what to do about it. Ask our elected Representatives, Senators, and President. That's why we elected them. Tell them to fix the Court. Before it does far worse than it already has.

1. [link:https://en.wikipedia.org/wiki/Independent_state_legislature_theory|]
2. [link:https://www.brennancenter.org/our-work/research-reports/moore-v-harper-explained|]
3. [link:https://www.newyorker.com/magazine/2022/08/15/state-legislatures-are-torching-democracy|] : “if Trump was locked up tomorrow it would continue.”

[Takket]

1. ISL is complete nonsense. But with this SCOTUS? Who knows?

Absolutely nothing about the constitution could ever make you believe that the framers wanted one branch to have totally unchecked power. The entire point of the Constitution was to make sure that never happened.

But on the other hand this scotus cares about nothing but turning the USA in into a christeofacist empire.

Precedent means nothing to them. The constitution means nothing to them.

Nothing would surprise me. ISL would mean the end of free elections and democracy.

[orthoclad]

2. They've already shown us who they are.

Alito cited a 17th century witch-burner to overturn 20th century precedent, then took a victory lap through Europe.
The Thomas (singular intended) was involved in the attempted coup.
There are only three Justices to oppose them.
It's clearly only about power.

[orthoclad]

3. "The constitution means nothing to them"

Big talking point of the right: they want a "constitutional republic" as opposed to a democracy. They carry those little pocket constitutions. And they love the Constitution so much they want a Constitutional Convention to re-write it.

[Irish_Dem]

5. The GOP has no choice but to switch to an autocratic form of government.

They know they cannot win elections on merit or issues.

The GOP love of dictatorships is out in the open now, that is what they want.
Total permanent power and access to all national assets.

They want to install white, male, christian minority rule.

These are all facts, not speculation at this point.

[Irish_Dem]

4. Great post and 100% a real and serious issue.

We are going to be ruled by the SC junta who will absolutely give power to the states to do what they want.

That is the game plan.

The GOP understands they can no longer win elections on merit or issues. So they are going to have to grab power any way they can.

GOP elected leaders no longer even try to hide their love of dictatorships. Their visits to Orban and Putin are not tourist visits. They are no doubt learning the finer points of autocratic rule.

The plan seems to be to let us be ruled by court and legislative body juntas. Power will be in their hands and we won't be able to do anything about it.

It will be like the old nation states, with each US state a little fiefdom.

It is also Putin's dream to balkanize the US, just like happened in the USSR.
Divide a country into small mutually hostile states.

[maxrandb]

6. This would be nothing but a coup by judicial fiat if the Supreme Court of the Confederate States

Rules in favor of this ISL horseshit!

Would that indicate that it's time for a nationwide general strike?

Look, I will say this until I am blue in the face;

Nothing will change. The racism, fascism, misogyny, hatred and white supremacy...NONE OF IT...will change, unless and until we make racism, fascism, misogyny, hatred and white supremacy unprofitable to the corporations, businesses and individuals that fund and enable it.

[orthoclad]

7. I call it the "slow coup"

as opposed to the hot coup of Jan6.

The Reich Wing has been focused on local control for decades. During the Obama years, they gained around 1000 state and local seats. They're very good at playing the long game.

[Kid Berwyn]

8. Putin's Poodle put three on SCOTUS bench.

Time to clean them out or/and expand the court.

[orthoclad]

9. YES!!!

There are ways to apply pressure to the theocrat judges. I'm not a politician; I don't know the wheels of power, but there are people in DC who do know. FDR did it.

I keep hoping for FDR. So far, still just hoping.