Last Friday, some good folks from Common Cause were in Boone to sound the alarm about Moore v. Harper, the election law case arising out of North Carolina gerrymandering that will be heard at the Supreme Court very soon. I wrote about this case back in July, and already my hair was smoldering. It's fully on fire now.
|They only need 5 of these votes|
At the time the US Supremes declined to override the NC Supremes, justices Thomas, Alito, and Gorsuch dissented and said they thought the independent state legislature doctrine had merit and would welcome a test case going forward. That's the case they'll hear argued on December 7th (Pearl Harbor Day!), and there's every chance in this twisted conservatives-uber-alles world that Thomas, Alito, and Gorsuch will get the votes of Kavanaugh and Barrett, and BergerMoore will be unleashed to do their worst.
The Dobbs decision officially turned pregnant women into second-class citizens and was perhaps just the opening act of a complete scenery-sweeping arrival of the new authoritarianism that was always Trump's wet dream.The independent state legislature "doctrine" originates (favorite word among extremist judges) from the U.S. Constitution’s election clause, which says that the “Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” That last clause has previously been interpreted to mean "by the legislative process," which would include voter petition initiatives to establish independent redistricting commissions, for example, or challenges via law suits in state courts. The independent state legislature doctrine could also give lawmakers control over issues such as voter qualification, voting by mail, and other election procedures, effectively taking voting procedures out of the hands of the State Board of Elections and giving them to BergerMoore.