- Apr 28, 2015
- Reaction score
- Third Coast
- Political Leaning
GOP pushes for an ‘earthquake in American electoral power’
Conservatives are promoting the "independent legislature" theory, which would hand vast election powers to GOP legislators in battleground states.
A legal argument lurking in two Supreme Court cases could give Republican legislators in battleground states sweeping control over election procedures, with ramifications that could include power over how states select presidential electors.
Republicans from Pennsylvania and North Carolina challenged court-ordered redistricting plans in their states based on the “independent legislature” theory. It’s a reading of the Constitution, stemming from the 2000 election recount in Florida, that argues legislators have ultimate power over elections in their states and that state courts have a limited ability — or even none at all — to check it.
Now, Republican lawyers — and conservative Supreme Court justices — are increasingly adopting the theory, which holds that state courts don’t have significant power to review election law because of the wording of those clauses.
Four conservative justices — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — signaled at least some favorability to the independent legislature theory on Monday.
In essence, the Republican legislatures involved are arguing the courts have no say in reviewing the legislatures' decisions involving elections, and that the legislatures themselves are the final arbitrators of elections, including - at the extreme - the ability to decide the electors for Presidential elections.
I personal am abhorred by this, finding it absolutely unacceptable. I do not want politicians deciding the elections; I want my vote to be the one that counts.
Straight-up - I'm getting disgusted with the Electoral College system - if these are the inherent abuses allowed.