Supreme Court considers limiting judicial scrutiny in U.S. elections

Reuters via Yahoo ^ | December 6, 2022 | By Andrew Chung

[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."

[Vaduz]

state courts do not have a **blank check** to rewrite state election laws for federal elections.

True it’s why they received cold hard cash to do it ever see the Mafia pay off in checks.

[jimtorr]

........language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof."

The article states what the Constitution plainly says. It's all up to the state legislatures. The courts have no business interfering.

[Pajamajan]

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.

What does he mean by "regular citizens" rights to vote?

Non-citizens?

Dead citizens?

Imaginary citizens?

[Albion Wilde]

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