The Extreme Danger to our Democracy in Moore vs Harper

[CousinIT]

https://today.duke.edu/2022/12/what-know-about-nc-elections-case-supreme-court-next-week

"The proposal could overturn longstanding election practices and laws, warns Asher Hildebrand, a Sanford School associate professor of the practice.

. . . “This radical theory has no basis in history, no basis in legal precedent, and no basis in common sense; the fact that the Supreme Court is even considering it says far more about the extremism and diminishing credibility of the Court than it does about the merits of the theory,” says Hildebrand, a former chief of staff to U.S. Representative David Price (D-NC).

“If a majority of the court endorses the theory, the consequences for the future of American democracy cannot be overstated. In its broadest form, such a ruling would upend decades -- and in some cases centuries -- of settled laws, policies, and precedents governing the administration of our elections. Reforms to the congressional redistricting process would be overturned, ushering in a new era of extreme partisan gerrymandering.”

Hildebrand says state legislatures would have free rein to “impose restrictive voting laws.”

“Electoral reforms passed by voter initiatives, such as ranked-choice voting and non-partisan primaries, could be nullified. The day-to-day administration of elections would descend into chaos, as elections officials contend with divergent rules for state and federal elections, with each routine decision they make subject to litigation,” says Hildebrand, who served for nearly 15 years in congressional offices and on campaigns.  
“And those who seek to subvert the will of American voters in future elections would view the decision as a green light to take their chances in a permissive legal environment.”

. . . Even a ‘narrower’ ruling could invite years of litigation and uncertainty, undermine public trust in our elections at a time when it is direly needed, and ultimately produce through ‘a thousand cuts’ what a ‘maximalist’ ruling would produce in one fell swoop. In either scenario, the damage to American democracy would be grave.”"

[Nar1987]

1. Why

Is this not talked about more in the media?

They need to create consensus for an expansion of the Court, although I am afraid all we will manage are more justices like Roberts.

[dsc]

2. I suspect this will wind up punted

NC Supreme Court flipped in the last election so those seats will be redrawn by the legislature anyway to favor the GOP again. Frankly that redrawing might occur before a decision is handed down though the seats would not be used until 2024