Independent State Legislature Theory Regulating Federal Elections Shot Down By SCOTUS In 6-3 Ruling

skews13

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Mar 18, 2017
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Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.
 
Another step closer to chaos. The next time you people steal an election will be the end of our country as we have known it. Believe it or not, that will effect you, too. It's going to bring down this system and in so doing, your chance to live in peace and prosperity, as well. Keep laughing, loon.
 
Another step closer to chaos. The next time you people steal an election will be the end of our country as we have known it. Believe it or not, that will effect you, too. It's going to bring down this system and in so doing, your chance to live in peace and prosperity, as well. Keep laughing, loon.

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Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.

Included in the opinion is a warning that the State Courts can only rule on what the State Constitutions allow them to, i.e. they have to defer to the legislature unless said legislature breaks the State Constitution,

Also, they warned State courts they can be overridden by federal courts if they decide to go off the reservation.

I take the ruling as a win.
 
Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.
You do know this kills y'all's popular vote first agenda. Right?
 
Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.
And thankfully so.

There’s no doubt that Republican-controlled states would pass laws making it easy for election officials to ignore the will of the people and commit voter fraud – presidential elections in particular.
 
Another step closer to chaos. The next time you people steal an election will be the end of our country as we have known it. Believe it or not, that will effect you, too. It's going to bring down this system and in so doing, your chance to live in peace and prosperity, as well. Keep laughing, loon.
Had the Court ruled differently, it would have allowed Republican state lawmakers to codify Trump’s fake electors scheme, with state courts powerless to check Republican corruption and election fraud.
 
Another step closer to chaos. The next time you people steal an election will be the end of our country as we have known it. Believe it or not, that will effect you, too. It's going to bring down this system and in so doing, your chance to live in peace and prosperity, as well. Keep laughing, loon.
And the proof of an election steal is your continued squealing…
 
You do know this kills y'all's popular vote first agenda. Right?

I know your wet dream of Republican legislatures deciding elections just got shot down in flames.

I also know the righties have been waiting for this decision more than any other one by the court. I feel your pain.
 
Had the Court ruled differently, it would have allowed Republican state lawmakers to codify Trump’s fake electors scheme, with state courts powerless to check Republican corruption and election fraud.

This is why Democrats must turn in huge numbers next year. We win more seats in the Senate, take control of House then we pass the John Lewis Voting Rights Act. We also codify Abortion Rights. We can and will win if we invest the shoe leather we have to win.
 
The theory was bonkers. This is one of the few times I've disagreed with Justice Thomas.
 
I know your wet dream of Republican legislatures deciding elections just got shot down in flames.

I also know the righties have been waiting for this decision more than any other one by the court. I feel your pain.
Your wet dream of the popular vote first agenda just went down in flames, because of this ruling.

Just imagine! You commie fucks are going to have to actually obey the Constitution.
 
Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.
The decision scrubs the idea that the SCOTUS decide only on political leanings. And it shines the light on the vote is highly along principles that the majority of the justices think is best for all concerned. I may or may not agree with all of the decision, but I believe now that the court votes on what the majority in number and not party affiliation thinks is best for the most people And Mr. or Ms. Skews13, it's okay to win some lose some so long as the laws govern rightly. I have to get back to my work. Have a lovely day. :thup:
 
The decision scrubs the idea that the SCOTUS decide only on political leanings. And it shines the light on the vote is highly along principles that the majority of the justices think is best for all concerned. I may or may not agree with all of the decision, but I believe now that the court votes on what the majority in number and not party affiliation thinks is best for the most people And Mr. or Ms. Skews13, it's okay to win some lose some so long as the laws govern rightly. I have to get back to my work. Have a lovely day. :thup:
No, no it doesn’t scrub the wingnut lean of the court. They merely didn’t buy the latest crackpot theory and kept current law the same on the issue.
 
No, no it doesn’t scrub the wingnut lean of the court. They merely didn’t buy the lasted crackpot theory and kept current law the same on the issue.

They also gave federal courts the ability to say State Courts overstepped their bounds on denying legislatures their right to setup federal elections.
 
Oral arguments for Moore v. Harper in December had some campaigners worried that at least five justices would embrace independent state legislature theory (ISLT), whose proponents claim the U.S. Constitution only empowers state legislatures to regulate federal elections, without checks from state constitutions, courts, or governors.

However, in the case—which stemmed from a fight over North Carolina's congressional map—Chief Justice John Roberts, fellow conservatives Amy Coney Barrett and Brett Kavanaugh, and liberals Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor rejected ISLT. Right-wing Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented.

The elections clause of the U.S. Constitution "does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections," Roberts wrote for the majority. "When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review."


Another right wing pipe dream shot down in flames.
The conservative judges vote for what the law says screwey.
 

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