The Supreme Court just added the case Democrats fear the most to their docket.
It could be the end of rigging elections for Democrats.
And Democrats are in panic mode after the Supreme Court delivered some bad news about the 2024 election.
The independent state legislature’s doctrine became massively important to people on the Right during the 2020 election.
Democrats were able to supercharge mail-in voting and boost Joe Biden’s chances of defeating Trump after election officials and judges made the unilateral decision to alter state election laws.
As conservatives pointed out, the Constitution specifically reserved the right to determine election procedure with the independent state legislature.
Article One, Section Four, Clause One – the Election Clause – reads:
The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.
During the next term, the Supreme Court will put the independent state legislature doctrine to the test.
In North Carolina, the Republican Party is challenging a decision by a local court to strike down the Congressional map that the GOP-controlled state legislature created.
At least four Justices have agreed to hear a challenge by the North Carolina GOP to the Supreme Court.
Lawyers representing the State Supreme Court wrote that it is “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.”
Last March, the North Carolina Republican Party was denied an appeal by the Court.
However, some of the Justices believe the case should be heard at some point in the future.
“This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court’s authority to reject rules adopted by a state legislature for use in conducting federal elections,” Justice Alito, Thomas, and Gorsuch wrote.
Although Justice Kavanaugh agreed, he believes the Court should take up the issue during a non-election year.
“The issue is almost certain to keep arising until the Court definitively resolves it,” Justice Kavanaugh wrote.
Kavanaugh also wrote that the Court needed to hear arguments over the independent state legislature doctrine “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”
This decision has Democrats in panic mode, as they may lose the ability of partisan judges and election officials to alter the rules in their favor in 2024 like they did in 2020.
Political Animal News will keep you up-to-date on any new developments in this ongoing story.
