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Moore V Harper

All articles tagged with #moore v harper

politics15 days ago•25 min saved

Virginia Democrats’ gambit to pull the Supreme Court into a state gerrymander backfires for them

Virginia Democrats’ bid to drag the US Supreme Court into a Virginia gerrymandering dispute would shift control of state election law from Virginia’s courts to a federal bench with a Republican tilt, risking worse, more partisan redistricting; the piece argues the independent state legislature doctrine is flawed, Moore v. Harper’s limits are misapplied, and empowering the Court would be a reckless expansion of federal power over state elections.

via vox.com|

#gerrymandering #independent-state-legislature-doctrine #moore-v-harper

politics3 months ago•7 min saved

New York ruling could accelerate a Supreme Court shake-up of race-based redistricting

A New York judge’s Williams v. Board of Elections ruling relies on state constitutional provisions to justify redrawing a district as a crossover district, a move that could weaken federal Voting Rights Act protections and provide the Supreme Court with a vehicle to limit or overturn race-conscious redistricting like Gingles. The case mirrors questions in Louisiana v. Callais and, if the Court accepts it, could hasten map redraws ahead of 2026. Malliotakis also urges adopting the Independent State Legislature theory, which Moore v. Harper rejected, but a ruling compatible with that theory would dramatically reshape federal election oversight—though New York’s appellate courts could intervene to avert Supreme Court involvement.

via vox.com|

#gerrymandering #gingles #independent-state-legislature

politics2 years ago•7 min saved

Supreme Court Rejects Mike Johnson's Election Certification Argument

The Supreme Court has rejected Rep. Mike Johnson's argument in favor of the independent state legislature theory, which claimed that changes to election rules during the COVID-19 pandemic violated the Constitution. In a 6-3 opinion, the Court ruled that the Elections Clause does not grant exclusive authority to state legislatures to set rules for federal elections. Johnson's argument was debunked in the case of Moore v. Harper, where the Court upheld the role of governors and other officials in determining election rules. Johnson's constitutional justification for rejecting electors in the 2020 election was seen as a political act without legal basis.

via Yahoo! Voices|

#2020-election #independent-state-legislature-theory #mike-johnson