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Supreme Court to Hear Case on State Legislatures’ Power Over Elections
nytimes ^ | 7/30/2022 | Adam Liptak and Nick Corasaniti

Posted on 07/31/2022 4:10:04 PM PDT by bitt

The case, about a North Carolina voting map, has the potential to amplify the influence of state lawmakers over federal elections.

The Supreme Court announced on Thursday that it would hear a case that could radically reshape how federal elections are conducted by giving state legislatures independent power, not subject to review by state courts, to set election rules in conflict with state constitutions.

The case has the potential to affect many aspects of the 2024 election, including by giving the justices power to influence the presidential race if disputes arise over how state courts interpret state election laws.

In taking up the case, the court could upend nearly every facet of the American electoral process, allowing state legislatures to set new rules, regulations and districts on federal elections with few checks against overreach, and potentially create a chaotic system with differing rules and voting eligibility for presidential elections. “The Supreme Court’s decision will be enormously significant for presidential elections, congressional elections and congressional district districting,” said J. Michael Luttig, a former federal appeals court judge. “And therefore, for American democracy.” Protections against partisan gerrymandering established through the state courts could essentially vanish. The ability to challenge new voting laws at the state level could be reduced. And the theory underpinning the case could open the door to state legislatures sending their own slates of electors.

It is one thing to agree to hear a case, of course, and another to rule on it. But four justices have already expressed at least tentative support for the doctrine, making a decision accepting it more than plausible. The court will probably hear arguments in the fall and issue its decision next year.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections
KEYWORDS: power; scotus; statelegislatures; supremecourt
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1 posted on 07/31/2022 4:10:04 PM PDT by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

(MONEY QUOTE)...snip

“Currently, Republicans have complete control over 30 state legislatures, according to the National Conference of State Legislatures, and were the force behind a wave of new voting restrictions passed last year. And Republican legislatures in key battleground states like Wisconsin, Pennsylvania and North Carolina have used their control over redistricting to effectively lock in power for a decade.

Democrats, in turn, control just 17 state legislatures.”


2 posted on 07/31/2022 4:10:57 PM PDT by bitt ( <img src=' 'width=50%> )
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To: bitt

SEE ALSO:
https://www.thegatewaypundit.com/2022/07/two-years-late-supreme-court-finally-ready-look-argument-legislatures-right-update-election-law-not-judges-executive-branch/


3 posted on 07/31/2022 4:11:32 PM PDT by bitt ( <img src=' 'width=50%> )
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To: bitt

Only the Supreme Soviet has power over elections.


4 posted on 07/31/2022 4:12:11 PM PDT by dljordan
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To: bitt

Bttt


5 posted on 07/31/2022 4:12:40 PM PDT by Guenevere (“If the foundations are destroyed, what can the righteous do?”)
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To: bitt

The Constitution is clear.

The State Legislature has the power to set the rules for Federal elections as long as there are no violations of other elements of the Constitution. Especially the Bill of Rights.

Outside that exception, there is no other controlling authority. None.


6 posted on 07/31/2022 4:22:40 PM PDT by Mariner (War Criminal #18)
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To: bitt

Well, since they’re SUPPOSED to control the elections, I can’t see how this is going to ‘amplify’ their influence except by making people comply with the Constitution.


7 posted on 07/31/2022 4:27:21 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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Amy Comey Barett, Kavanaugh, and John Roberts will all join the left.


8 posted on 07/31/2022 4:35:15 PM PDT by TakebackGOP
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To: bitt

The U.S.Constitution calls out that each state has the final say on elections, period.

Where would the old ‘checks and balances’ be, if the federal government oversaw federal elections?

The new yawk slime is handwringing, because their comrades hold so few states.


9 posted on 07/31/2022 4:39:21 PM PDT by Terry L Smith
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To: Mariner

As far as I know, the State LEGISLATURES are NOT the group that made all the changes in 2020.

Other officials, who have no RIGHT to make changes were making them. Like Election Boards, like Secretaries of State,
like nominees for office, and on and on.

The Legislative Branch was totally left OUT in certain cases.
When I saw it happening I was appalled, but it was COVID TIME, and things were nuts.


10 posted on 07/31/2022 4:42:58 PM PDT by Maris Crane
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To: Mariner
The State Legislature has the power to set the rules for Federal elections as long as there are no violations of other elements of the Constitution. Especially the Bill of Rights. Outside that exception, there is no other controlling authority. None.

Not exactly.

The Elections Clause in Article I, Section 4 of the Constitution states:

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

So a correct reading would negate the authority of state courts over federal elections, but would not limit the authority of Congress over federal elections.

11 posted on 07/31/2022 4:45:56 PM PDT by Bubba_Leroy (Dementia Joe is Not My President.)
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To: bitt

Luttig is a wacky pos and never forget that Laura Ingram demanded he be appointed to the Supreme Court.


12 posted on 07/31/2022 4:46:13 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: bitt

This would be a very good thing and must be done.


13 posted on 07/31/2022 4:50:03 PM PDT by Dragonspirit (CNN is the enemy. Ashli Babbitt is the hero.)
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To: Maris Crane

Correct


14 posted on 07/31/2022 4:58:57 PM PDT by Fledermaus (With Trans Republicans like McCarthy and McConnell do we really want them to win Congress in 2022?)
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To: bitt
The case, about a North Carolina voting map, has the potential to amplify the influence of state lawmakers over federal elections.

As usual, you can count on New York Pravda to get it wrong. The case has the potential to clarify and perhaps restore the Constitutional influence of state lawmakers over federal elections.

15 posted on 07/31/2022 5:09:25 PM PDT by libertylover (Our biggest problem, BY FAR, is that almost all of big media is agenda-driven, not-truth driven.)
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To: bitt
The case, about a North Carolina voting map, has the potential to amplify the influence of state lawmakers over federal elections.

As usual, you can count on New York Pravda to get it wrong. The case has the potential to clarify and perhaps restore the Constitutional influence of state lawmakers over federal elections.

16 posted on 07/31/2022 5:10:33 PM PDT by libertylover (Our biggest problem, BY FAR, is that almost all of big media is agenda-driven, not-truth driven.)
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To: libertylover

Oops. Double post. So sorry.


17 posted on 07/31/2022 5:11:14 PM PDT by libertylover (Our biggest problem, BY FAR, is that almost all of big media is agenda-driven, not-truth driven.)
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To: bitt

The Roberts court has ruled in favor of the state legislatures nearly every time. Unless there is an exceptional reason put forward here, they will likely do it again. Pouty Dems crying about democracy is not a reason.


18 posted on 07/31/2022 5:27:51 PM PDT by lurk (u)
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To: Mariner

bingo


19 posted on 07/31/2022 5:57:19 PM PDT by joshua c (Dump the LEFT. Cable tv, Big tech, national name brands)
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To: lurk

restoring Constitutional authority to state legislatures is a threat to “our” democracy


20 posted on 07/31/2022 6:01:05 PM PDT by joshua c (Dump the LEFT. Cable tv, Big tech, national name brands)
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