Was surprised to find we weren't following this, perhaps I missed it? Anyway, to boil it down:
...the case will test a legal theory known as the "independent state legislature doctrine," which asserts that "only the state legislature has the power to regulate federal elections, without interference from state courts."
Anyway, Eastman just filed. Check out his email addy:
It's a movement. Still looking for a link to the whole filing.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
Still looking for the filing, but in the meantime, here is a nice thumbnail sketch:
Moore v. Harper, Explained The debunked “independent state legislature theory” is on the Supreme Court’s docket, with potentially disastrous consequences.
What is Moore v. Harper about?
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. The legislators have argued that a debunked interpretation of the U.S. Constitution — known as the "independent state legislature theory” — renders the state courts and state constitution powerless in matters relating to federal elections.
Last year, North Carolina’s Republican-dominated state legislature passed, on a party-line vote, an extreme partisan gerrymander to lock in a supermajority of the state’s 14 congressional seats. The gerrymander was so extreme that an evenly divided popular vote would have awarded 10 of the 14 seats to the Republicans and only four to the Democrats. The map was a radical statistical outlier more favorable to Republicans than 99.9999% of all possible maps.
Because the U.S. Supreme Court has ruled that federal courts cannot hear partisan gerrymandering cases, voters contested the map in state court, contending that the map violated the state constitution’s “free elections clause,” among other provisions. In February 2022, the North Carolina Supreme Court agreed with the voters and struck down the map, describing it as an “egregious and intentional partisan gerrymander . . . designed to enhance Republican performance, and thereby give a greater voice to those voters than to any others.”
The unrepentant legislature proposed a second gerrymandered map, prompting a state court to order a special master to create a fair map for the 2022 congressional elections. Unwilling to accept this outcome, two Republican legislators asked the U.S. Supreme Court to step in and reinstate their gerrymandered map.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
pipistrelle wrote: ↑Tue Sep 06, 2022 6:23 pm
CCG is “Constitutional Counsel Group.” I doubt it’s related to the ragtag band of squatters.
Yeah, it just amuses me that he has John Eastman has 1776 in the org name on his email. He's a character.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
Screen Shot 2022-09-06 at 3.31.02 PM.png (44.59 KiB) Viewed 1302 times
i.e. the legislature can do whatever it wants without regard to law or constitution
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
Will Doran @will_doran wrote:
In a rare move, the group of all 50 states' Supreme Court chief justices wrote to SCOTUS, urging them to shoot down the argument NC Republican lawmakers are making--that there should be no checks and balances for election laws--in their "Independent State Legislature" case #ncpol
The brief is careful to say it doesn't support either party. But its first sentence (left photo) directly opposes the argument NC lawmakers made (right photo) about whether or not courts should be allowed to rule on redistricting maps, etc.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.” —John Adams
Not ANOTHER case for the Supremes to use to COMPLETELY ignore precedent and make a ruling completely opposite of Dobbs.
"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
Opinions today in US v Texas give strong indication that Moore will be be correctly dismissed on jurisdictional grounds. Hard to see the 8 justices who objected to standing/redressibility could not vote to DIG Moore.
Watch Monday am for orders. My bet 8-1 w/Alito in dissent.
Quote Tweet Democracy Docket @DemocracyDocket 2h
The U.S. Supreme Court did not release a decision in Moore v. Harper today.
The Court's next order day is Monday, June 26. The Court's next opinion is Tuesday, June 27. twitter.com/DemocracyDocke…
And a catch-up on this:
The Moore v. Harper case is an ongoing United States Supreme Court case related to independent state legislature theory (ISL), arising from the redistricting of North Carolina's districts by its legislature after the 2020 census, which the state courts found to be too artificial and partisan, and an extreme case of gerrymandering in favor of the Republican Party. The case concerns the elections clause in Article I, section 4 of the Constitution and whether state legislatures alone are empowered by the Constitution to regulate federal elections without oversight from state courts.0 On November 8, 2022, the political composition of the North Carolina Supreme Court flipped to a Republican majority, and three months later, the court voted to re-hear Harper v. Hall, the case underlying Moore v. Harper, but nothing had changed in the case, only the court's composition.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
Was a bit concerned SCOTUS would punt and declare it moot but happily surprised.
Sanctioned Josh Barnett can't help himself from saying stupid things. Dude couldn't even win in the primary but it doesn't stop him from always being RIGHT in his own mind. Josh was the guy who encouraged the AZ Leg to just appoint GOP electors for 2024.
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg
Marc E. Elias @marceelias 4h
With the major SCOTUS election cases decided, here are states to watch for potential new pro-democracy litigation.
Arizona
Michigan
Mississippi
Montana
Nevada
New Mexico
New York
North Carolina
Texas
Wisconsin
Marc E. Elias @marceelias 3h
Replying to @marceelias
Here are the 17 states where my team is already litigating pro-democracy cases in advance of 2024.
Alabama
Arizona
Arkansas
Florida
Georgia
Idaho
Iow
Kansas
Louisiana
Montana
New Hampshire
New York
North Carolina
Ohio
Pennsylvania
Texas
Wisconsin
Lt Root Beer of the Mighty 699th. Fogbow s titular Mama June in Fogbow's Favourite Show™ Mama June: From Not To Hot! Fogbow's Theme Song™ Edith Massey's "I Got The Evidence!" https://www.youtube.com/watch?v=C5jDHZd0JAg