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I have a feeling we're going to be hearing a lot more about this in the future.
In the case Moore v. Harper, the U.S. Supreme Court will not only examine congressional redistricting in North Carolina — it will also be examining a far-right legal idea known as the independent state legislature doctrine. In its most severe form, the ISL (or ISLT) argues that only state legislatures should govern elections at the state level; a state’s executive branch (the governor’s office) and its judicial branch (judges, state supreme courts), according to that line of thinking, should have no say in the matter.
The ISL has become increasingly popular on the MAGA far right. But the ISL is by no means embraced by all conservatives, and former Department of Homeland Security (DHS) official Paul Rosenzweig makes a conservative argument against the ISL in an article published by The Bulwark on November 21.
Attorney Rosenzweig describes the ISL as an “attempt to create new rules about elections in the middle of the game” that could “have catastrophic effects” if the U.S. Supreme Court agrees with it in Moore v. Harper.
Read the rest here:
Former DHS official tears apart a crackpot legal theory that could 'have catastrophic effects for democracy'
Story by Alex Henderson • 59m agoIn the case Moore v. Harper, the U.S. Supreme Court will not only examine congressional redistricting in North Carolina — it will also be examining a far-right legal idea known as the independent state legislature doctrine. In its most severe form, the ISL (or ISLT) argues that only state legislatures should govern elections at the state level; a state’s executive branch (the governor’s office) and its judicial branch (judges, state supreme courts), according to that line of thinking, should have no say in the matter.
The ISL has become increasingly popular on the MAGA far right. But the ISL is by no means embraced by all conservatives, and former Department of Homeland Security (DHS) official Paul Rosenzweig makes a conservative argument against the ISL in an article published by The Bulwark on November 21.
Attorney Rosenzweig describes the ISL as an “attempt to create new rules about elections in the middle of the game” that could “have catastrophic effects” if the U.S. Supreme Court agrees with it in Moore v. Harper.
Read the rest here: