Marc Elias: Five Things I'm Watching in Tomorrow's U.S. Supreme Court Argument

[Nevilledog]

https://www.democracydocket.com/opinion/five-things-ill-be-watching-in-tomorrows-us-supreme-court-argument/

On Wednesday, Dec. 7, the U.S. Supreme Court will hold oral argument in Moore v. Harper, a North Carolina redistricting case that could shake the foundations of federalism and judicial review. This landmark lawsuit gives the Court the opportunity to review the fringe independent state legislature (ISL) theory, which Republicans are promoting to argue that the U.S. Constitution grants state legislatures the exclusive ability to set the “time, place and manner” of congressional elections, without state court judicial review.

At the urging of North Carolina Republican legislators, the Supreme Court has taken up discussion of a fringe constitutional theory that it has previously dismissed. If the ISL theory is adopted, it could give immense power to state legislatures to set rules for federal elections without oversight from other parts of state government, which would have devastating ramifications for American democracy.

As we wait for the Supreme Court argument on Wednesday in Moore, several people have reached out to me to ask what I will be focusing on during the argument. Here are the five things I will be watching.

1. How broadly do the parties argue the case?

At its core, this case is about the North Carolina congressional map in place for the 2022 elections; this map was drawn by court-appointed special masters and adopted by the state court after the Republican-drawn map was struck down. The map in place for 2022, which was much fairer than the original map, will be redrawn before the 2024 elections.

*snip*

[bucolic_frolic]

1. Waiting for 2 defectors from the Imperialist Gang of Six

Don't count me optimistic

[Eyeball_Kid]

4. Speaking of defectors...

I'd like to see FIVE of the 222 Republicans shift their allegiance to the Democratic party before the end of the year. They all know that the pending chaos within the GOP will infect the nation beginning with the next Congress if they don't defect and allow the Dems to keep the House majority. All that's needed is FIVE for a modicum of sanity.

[Eyeball_Kid]

2. The self-indulgent babies on the USSC will get yet another chance

to destroy their own role in the federal government. The infantile Alito, coddled by Thomas and the others, will again be on his mission of self-destruction while impotent Roberts stands by and wrings his hands. Of course, they'll all be indignant when they find that the body politic slams them for tearing the Constitution into shreds. "Trust us. We're fascists!"

[Shipwack]

3. Good article. Thank you. nt

[gab13by13]

5. This should be on every front page,

but the strategy of the MSM will be to hide this.

Magats control the majority of state Houses and if the SC rules to give states absolute rights for elections I can foresee Magats controlling Congress forever. Could not think of a different word than forever but using an absolute word is meant to get attention.

[LetMyPeopleVote]

6. I am worried about this case