Supreme Court Throws Out “independent legislature theory. Huge blow for us conservatives.

[Conservative from Georgia]

The independent legislature theory is a fringe legal theory that had been gaining traction in recent years. It holds that state legislatures have absolute power to regulate federal elections, free from any checks and balances from state courts, governors, or other state officials. This theory would have allowed state legislatures to gerrymander electoral maps, pass voter suppression laws, and even overturn the results of elections they didn't like.

Although I am a conservative , I admit The Supreme Court's decision today is a major victory for democracy. It ensures that state legislatures will no longer be able to rig elections with impunity. This is a great day for our democracy, and we should all celebrate!

Supreme Court rejects independent state legislature theory in N.C. case

The justices rejected the “independent state legislature" theory, which Trump supporters cited during the 2020 election. The theory would have restricted the power of state courts to review certain election laws.

www.nbcnews.com

 

[WEATHER53]

Next up is the hoax creation of crisis in order to mandate mail ins. That farce needs eradication also.

 

[martybegan]

Next up is the hoax creation of crisis in order to mandate mail ins. That farce needs eradication also.

The actual opinion.

https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf


If you read one section, however, the SC does warn the State Courts that certain things are federal purview, and they can't base judgements on their feelings, but only the State Constitutions.

Although the Elections Clause does not exempt state legislatures from the ordinary constraints imposed by state law, federal courts must not abandon their duty to exercise judicial review. This Court has an obligation to ensure that state court interpretations of state law do not evade federal law. For example, States “may not sidestep the Takings Clause by disavowing traditional property interests.” Phillips v. Washington Legal Foundation, 524 U. S. 156, 167. While the Court does not adopt a test by which state court interpretations of state law can be measured in cases implicating the Elections Clause, state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections. The Court need not decide whether the North Carolina Supreme Court strayed beyond the limits derived from the Elections Clause, as petitioners did not meaningfully present the issue in this Court. Pp. 26–29.

What this says is the State Courts can be taken to federal court by the legislatures if they think the State Courts exceeded their powers.

 

[Billiejeens]

No

 

[Billiejeens]

The actual opinion.

https://www.supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf


If you read one section, however, the SC does warn the State Courts that certain things are federal purview, and they can't base judgements on their feelings, but only the State Constitutions.



What this says is the State Courts can be taken to federal court by the legislatures if they think the State Courts exceeded their powers.

Nothing that the idiot OP has ever written here is accurate.

 

[Conservative from Georgia]

Next up is the hoax creation of crisis in order to mandate mail ins. That farce needs eradication also.

Why don’t you go to court and try to prove mail voting fraud?

 

[2aguy]

The independent legislature theory is a fringe legal theory that had been gaining traction in recent years. It holds that state legislatures have absolute power to regulate federal elections, free from any checks and balances from state courts, governors, or other state officials. This theory would have allowed state legislatures to gerrymander electoral maps, pass voter suppression laws, and even overturn the results of elections they didn't like.

Although I am a conservative , I admit The Supreme Court's decision today is a major victory for democracy. It ensures that state legislatures will no longer be able to rig elections with impunity. This is a great day for our democracy, and we should all celebrate!

Supreme Court rejects independent state legislature theory in N.C. case

The justices rejected the “independent state legislature" theory, which Trump supporters cited during the 2020 election. The theory would have restricted the power of state courts to review certain election laws.

www.nbcnews.com

No....what it does is allow democrats to completely ignore republican legislatures if they have enough democrat party judges on the right courts.........if Republicans are in the majority, the democrats will run to their democrat judges and over rule the elected will of the people....

 

[Conservative from Georgia]

No....what it does is allow democrats to completely ignore republican legislatures if they have enough democrat party judges on the right courts.........if Republicans are in the majority, the democrats will run to their democrat judges and over rule the elected will of the people....

Democrats don’t do that. It is Donald Trump who does that shit.

 

[Billiejeens]

Why don’t you go to court and try to prove mail voting fraud?

There is no "proving" we all watched it in real time.
They simply did it in a manner that could not be stopped or controlled once it began.

 

[martybegan]

No....what it does is allow democrats to completely ignore republican legislatures if they have enough democrat party judges on the right courts.........if Republicans are in the majority, the democrats will run to their democrat judges and over rule the elected will of the people....

The thing is the SC warned the State courts not to exceed their State Constitutional authority or the federal courts could jump in.

 

[Billiejeens]

No....what it does is allow democrats to completely ignore republican legislatures if they have enough democrat party judges on the right courts.........if Republicans are in the majority, the democrats will run to their democrat judges and over rule the elected will of the people....

That is what they always do.
Every lurch to the left comes from activist judges overturning the will of the people.

 

[JimH52]

The independent legislature theory is a fringe legal theory that had been gaining traction in recent years. It holds that state legislatures have absolute power to regulate federal elections, free from any checks and balances from state courts, governors, or other state officials. This theory would have allowed state legislatures to gerrymander electoral maps, pass voter suppression laws, and even overturn the results of elections they didn't like.

Although I am a conservative , I admit The Supreme Court's decision today is a major victory for democracy. It ensures that state legislatures will no longer be able to rig elections with impunity. This is a great day for our democracy, and we should all celebrate!

Supreme Court rejects independent state legislature theory in N.C. case

The justices rejected the “independent state legislature" theory, which Trump supporters cited during the 2020 election. The theory would have restricted the power of state courts to review certain election laws.

www.nbcnews.com

If they had upheld the NC repubs, it would have sidelined the courts in voting decisions and put it in the hands of state legislatures, which are bias either to the left or to the right. That would have been devastating!

This is a win for voting rights and a loss to anyone, left or right, who wants to stack the deck in their favor.

 

[2aguy]

The thing is the SC warned the State courts not to exceed their State Constitutional authority or the federal courts could jump in.

Yeah......and?

Notice how the left wing lower courts fell into line after Bruen? The left wing democrats pretending to be judges know that they can pretty much do what they want because the Supreme Court will wait and wait and wait before they take any new challenge to one of their rulings........the left will destroy huge swaths of our legal and legislative system before the Supreme Court jumps in....
All it will take is a few election cycles of the state courts ruling to protect democrat voting theft and it will be too late...

 

[martybegan]

Yeah......and?

Notice how the left wing lower courts fell into line after Bruen? The left wing democrats pretending to be judges know that they can pretty much do what they want because the Supreme Court will wait and wait and wait before they take any new challenge to one of their rulings........the left will destroy huge swaths of our legal and legislative system before the Supreme Court jumps in....
All it will take is a few election cycles of the state courts ruling to protect democrat voting theft and it will be too late...

The thing is the independent legislature Theory doesn't really have a hard constitutional basis, at least to me it doesn't.

If a State allows judicial review, I don't see how this one topic is exempted.

It means the Legislature Starts the rules, and has the upper hand, but it doesn't exclude State courts.

This to me is different, because the SC CALLED OUT the lower courts, and when it does that it tends to take the cases quickly if they are truly against the spirit of the ruling.

 

[TheGreatSatan]

Ballot harvesting is what Democrats call democracy.

Not 1 man, 1 vote.

Its now...

1 man gets as many votes as he can afford to harvest

 

[Remodeling Maidiac]

us conservatives....

The op is DEFINITELY NOT a conservative

 

[2aguy]

The thing is the independent legislature Theory doesn't really have a hard constitutional basis, at least to me it doesn't.

If a State allows judicial review, I don't see how this one topic is exempted.

It means the Legislature Starts the rules, and has the upper hand, but it doesn't exclude State courts.

This to me is different, because the SC CALLED OUT the lower courts, and when it does that it tends to take the cases quickly if they are truly against the spirit of the ruling.

Then you get the last minute decision to change election law, even though the state law specifically states the legislature is the only entity that can make changes..........the democrats can now do this at any point before an election with their hand picked judges.

 

[martybegan]

Then you get the last minute decision to change election law, even though the state law specifically states the legislature is the only entity that can make changes..........the democrats can now do this at any point before an election with their hand picked judges.

What we have to do now is setup stings to catch the people ballot harvesting, and bring it out into the open.

And I mean catch red handed.

 

[DukeU]

If they had upheld the NC repubs, it would have sidelined the courts in voting decisions and put it in the hands of state legislatures, which are bias either to the left or to the right. That would have been devastating!

So, courts aren't biased?

LOL

 

[Rambunctious]

Why is it just a loss for conservatives?... both side gerrymander... seems its a blow for states rights and that is what concerns me with this decision.... everyday that goes by the justice system hands more power and control to DC with their ridiculous anti constitutional rulings....