As it turns out, the Supreme Court has just ended their most recent term in the Summer with way too many rulings that seem to indicate it’s likelihood for doom. In such circumstances, there’s a likelihood that big parts of the public are going to rebel against the conservative majority’s moves. All while the justices had announced how they’d take up another case with potential to progress even further. Such was the case with Moore v. Harper, as the election law case involving a fringe legal theory that in itself would threaten democracy itself. The justices happen to set each other to oral arguments on Wednesday through the case.
All with experts arguing that there could be a potential reshape of elections to irritate the separation of powers relied on by the American government with state legislators utilizing the unilateral power to set election rules. The case itself will rise up from a dispute regarding the drawing of congressional maps. All while hanging in the balance from “independent state legislature theory.” Such a theory is known to employ the reading of Constitution while asserting how state legislatures should be able to have the final word on elections rules, all while removing state courts and governors.
As it turns out, the North Carolina Supreme Court had disregarded a new congressional map per the request for the Democratic voters that believe in a partisan gerrymander.
Republican state lawmakers had gone to the U.S. Supreme Court upon an emergency basis. All while the court would violate the elections clause of the Constitution. The statement in question says how the “times, places and manner of holding elections” should be determined by state legislatures. However, the big problem is how when giving state legislatures unilateral power, there’s a higher risk to let lawmakers gerrymander with no oversight or even any regard for popular vote. Let alone a capacity to appoint electors of their own in an effort to flip over election results.
This would therefore create a critical threat to democracy if not well handled in advance of the 2024 presidential election. The former Attorney General Eric Holder is very worries about the outcome of the case. There’s a chance that the theory could risk the checks and balances in an almost irreversible manner. Conservatives all over are certain that the legal theory should not be embraced, as it would threaten their very accessibility in expansion.