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Supreme Court considers limiting judicial scrutiny in U.S. elections
Reuters via Yahoo ^ | December 6, 2022 | By Andrew Chung

Posted on 12/06/2022 5:26:08 AM PST by Oldeconomybuyer

WASHINGTON (Reuters) - Just eight days before the 2020 presidential election, conservative U.S. Supreme Court Justice Brett Kavanaugh wrote in an opinion involving a Wisconsin voting dispute that "state courts do not have a blank check to rewrite state election laws for federal elections."

Kavanaugh's words, along with those of some of his fellow conservative justices criticizing state courts in other election-related disputes, foreshadowed a major case set to be argued on Wednesday that could hand politicians more power over the conduct of elections and limit the ability of state courts.

The Supreme Court, which has a 6-3 conservative majority, is due to hear an appeal of a February decision by North Carolina's top court to throw out a map delineating the state's 14 U.S. House of Representatives.

The Republican North Carolina lawmakers making the appeal are asking the Supreme Court to embrace a legal theory - once marginal but now gaining traction in conservative legal circles - called the "independent state legislature" doctrine, or ISL.

Critics have said any Supreme Court endorsement of the doctrine could upend American democratic norms by restricting a crucial check on partisan political power and breed voter confusion with rules that vary between state and federal contests.

"The current version of 'ISL' was dreamed up by conservative ideologues who don't want voters to have more rights and therefore have been eroding voting rights across the board," said Marc Elias, a prominent election lawyer who has represented the Democratic Party in numerous court cases.

"It's a mission by conservative academics and others to undermine the ability to protect regular citizens' rights to vote," Elias added.

The doctrine is based in part on language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof."

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: elections; isl; marcelias; scotus
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1 posted on 12/06/2022 5:26:08 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

A republic no more.


2 posted on 12/06/2022 5:26:52 AM PST by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████.)
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To: Oldeconomybuyer
the hysteria that always originates from the establishment that is never true and has destroyed their credibility

They no longer need credibility.

3 posted on 12/06/2022 5:28:30 AM PST by Jim Noble (The Decline of America is a Choice )
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To: Oldeconomybuyer

“The Supreme Court, which has a 6-3 conservative majority”

ha!

The best you can say is 6 are not 100% partisan hacks and I’m not even sure about that.


4 posted on 12/06/2022 5:36:48 AM PST by WeaslesRippedMyFlesh
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To: Oldeconomybuyer

I have thought for awhile that each state being in complete control of federal voting could be a conflict of interest, unless everyone was honest and law-abiding.

I don’t know much about your laws, but it seems to me that dem controlled states could certainly do a number on a presidential candidate. I don’t know what the answer is, other than separate ballots for president? Of course it could work in reverse.....feds in charge of presidential election and controlling some red states.

Oh what a dangled web we weave.....


5 posted on 12/06/2022 5:37:33 AM PST by JudyinCanada
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To: Oldeconomybuyer; All
The doctrine is based in part on language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof."

It is just in the Constitution, therefore it is a "marginal legal theory"./S

If this is upheld, which it should be, the Alaska ranked choice voting is right out. It was never approved by the legislature.

6 posted on 12/06/2022 5:37:48 AM PST by marktwain
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To: Oldeconomybuyer

If Elias is against it, I’m for it. Here in Pas., voter I.D. was passed into law in April of an election year. It was overturned in a Philly court 2 weeks before the election. That is the lind of crap they pull here.


7 posted on 12/06/2022 5:41:25 AM PST by SueRae (An administration like no other.)
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To: Oldeconomybuyer

What they also have to do is leave the legal definition of a Governor’s Emergency Powers up to Legislatures and ONLY Legislatures. What happened in NC in 2020 was the SSC declared that the Governor could basically do whatever he wanted under Emergency Powers and that included voiding rules for absentee ballots.


8 posted on 12/06/2022 5:59:17 AM PST by 100%FEDUP
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To: SueRae

My first thought while skimming this article.


9 posted on 12/06/2022 5:59:45 AM PST by milagro (There is no peace in appeasement! There)
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To: Oldeconomybuyer

Banana Republic...here we come! Or are we already there?


10 posted on 12/06/2022 5:59:55 AM PST by Gay State Conservative (No Doubt Now: Stolen Election)
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To: SueRae

Guess we need to review another fringe concept. The sky is blue. Didn’t everyone just fall over themselves say how important the Constitution is. Not so much it seems. What is unclear about “the manner of elections is determined by the legislature” Not a new idea as old as well the Constitution.


11 posted on 12/06/2022 6:04:08 AM PST by muskah (Loose lips sink ships)
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To: JudyinCanada

What’s left is the Athens, TN approach to corruption, if the courts are going to refuse to correct the issues.


12 posted on 12/06/2022 6:11:54 AM PST by curious7
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To: marktwain
It is just in the Constitution, therefore it is a "marginal legal theory"./S
If this is upheld, which it should be, the Alaska ranked choice voting is right out. It was never approved by the legislature.


It's called "textualism", the theory that the constitution means what it says in plain English, at least at the time it was written. That means removing the ability of judges to add or subtract legal rights by judicial gloss. Anyone who understands that the Anti-Federalists were most concerned about a national court of elitists in Washington, D.C. violating the rights of ordinary Americans, and the destruction of the power of the common law jury to check the judges as in the Zenger case, understands that what the Anti-Federalists feared has come to be.
13 posted on 12/06/2022 6:20:31 AM PST by Dr. Franklin ("A republic, if you can keep it." )
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To: marktwain; muskah

“It is just in the Constitution, therefore it is a “marginal legal theory”

It seems the definition and interpretation of “Legislature” is the problem.
I’ve done a little reading on this in the past couple of days, and it’s not a good thing. Might sound okay to some if the conservatives are in charge of the state, but definitely not when the Liberals are. So best to be against it.
I agree with others that it would be the downfall of our democratic republic.


14 posted on 12/06/2022 6:22:13 AM PST by nuconvert ( Warning: Accused of being a radical militarist. Approach with caution.)
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To: Oldeconomybuyer

One sided propaganda disguised as “news.” Yahoo! is as much a joke as CNN and the Washington Compost.


15 posted on 12/06/2022 6:23:03 AM PST by LuxAerterna
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To: Oldeconomybuyer

3rd World Country.


16 posted on 12/06/2022 6:46:33 AM PST by tennmountainman ( Less Lindell CONS, More AZ Style Audits)
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To: Oldeconomybuyer

How does freedom die? To thunderous applause.


17 posted on 12/06/2022 6:54:27 AM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and don't wish to smile.)
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To: E. Pluribus Unum

The courts actually helped us in New York. We probably wouldn’t be in the majority without it.


18 posted on 12/06/2022 7:06:45 AM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 democratic )
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To: Oldeconomybuyer
"The doctrine is based in part on language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof.""

That language seems pretty plain to me....

"State courts" don't have the power, but state legislatures most certainly do, although the interference of federal judges in the name of "reducing discrimination" has seemed to over-ride that.

19 posted on 12/06/2022 7:21:45 AM PST by Wonder Warthog (Not Responding to Seagull Snark)
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To: E. Pluribus Unum

This would seem to limit what Elias did by suing in each state to have courts change what election laws are - not judicial scrutiny to make sure election laws were followed.


20 posted on 12/06/2022 7:32:06 AM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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