The sun sets on the U.S. Supreme Court building after a stormy day in Washington, U.S., November 11, 2022. REUTERS/Leah MillisCase centers on "independent state legislature" doctrineWASHINGTON, Dec 6 - Just eight days before the 2020 presidential election, conservative U.S.
Critics have said any Supreme Court endorsement of the doctrine could upend American democratic norms by restricting a crucial check on partisan political power and breed voter confusion with rules that vary between state and federal contests. The doctrine is based in part on language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof."
The doctrine could endanger hundreds, even thousands, of election-related provisions in state constitutions, rules adopted by state elections officials and reforms adopted through voter referendums, according to New York University School of Law's Brennan Center for Justice. "Courts have inserted themselves into the process of crafting election law, and doing so by pulling vague provisions from state constitutions," said Snead, who heads the Honest Elections Project, a group that sometimes opposes bids for more expansive voting rules favored by liberal organizations and Democrats.
When the court in March declined to block lower court rulings adopting an electoral map replacing the Republican-drafted one in North Carolina, Justice Samuel Alitoalongside Justices Clarence Thomas and Neil Gorsuch. Alito emphasized that the Constitution specifies that election rules are to be prescribed by legislatures, adding "we must take that language seriously."
I can practically hear Republicans going goblin mode rubbing their hands together.
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