Along with enacting a road to citizenship for DACA kids and TIPS citizens holding permanent status from persecution in their homeland, Congress must enact A National Voting Rights Law. They should pass the John Lewis Voting Rights Law before this term ends.
Tomorrow, the Supreme Court hears Moore v Harper, giving the States legislatures exclusive rights to set the rules for Federal Elections, bypassing their State Constitution?
States would have enormous power over partisan gerrymandering, early and mail in voting rules, voter ID measures and disenfranchisement of felons who have served their term.
If granted, the States would destroy the fundamentals of our Democracy. The Brennan Law Center has filed a brief in opposition.
But just four years later, a US supreme court that has shifted dramatically to the right could be on the cusp of doing a remarkable about-face and embracing the idea, called the independent state legislature theory (ISLT). Oral argument in the case, Moore v Harper, is set for Wednesday, 7 December, and at stake are some of the fundamentals of democracy in the United States.
At its core, the ISLT is a simple idea: state legislatures are exclusively responsible for setting the rules of federal elections. State courts cannot strike down any rules that they set, even if they conflict with the state constitution. It’s an argument that relies on a specific reading of the US constitution’s elections clause, which says that state legislatures have the power to set the “Times, Places and Manner” of federal elections.