The biggest threat to American Democracy…


I’ve posted on the many threats to American democracy, but this is the biggest immediate threat. And, it could further feed into 2024 being the election cycle where democracy dies. It is a case that will be heard by the Supreme Court called “Moore v. Harper”.

What is Moore v. Harper?

The Supreme Court will decide whether state courts and constitutions have any say in federal elections.

Sound boring?

If the Supreme Court agrees with this belief in independent state legislature theory, it means that state legislatures would have absolute control over political districts and maps, and they would not answer to anyone. That means they could gerrymander districts to an extreme and hijack the people’s will. For example, you could draw districts so widely that even though 55% of the population votes for party A, party B gets every single seat.

Proponents of the independent state legislature theory — like the gerrymanderers — read the Elections Clause to give state legislators near-exclusive authority to regulate federal elections, prohibiting any other state entity — like state courts or governors — from placing checks and balances on that power. In this case, the gerrymanderers are arguing that the theory licenses them to violate the state constitution when drawing congressional maps and that the state courts do not have the power to stop them.

The decision will be made before July 2023.

What else would this impact?

The potential consequences could stretch still further. The theory would throw elections into chaos, nullifying hundreds of election rules put in place through ballot initiatives, state constitutions, and administrative regulations — including foundational state policies like the processes for voter registration and mail voting and basic guarantees like the secret ballot. State lawmakers would be able to adopt vote suppression legislation without any checks or balances from state courts or even gubernatorial veto. In other words, the theory would upend key aspects of our elections.

It takes 4 Supreme Court justices to hear a case, which is already a bad sign. If a fifth gets on board, it would upend the entire system just in time for 2024.

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posted under Dangers To World

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This is bwb’s personal blog so he can share his thoughts with the world, however scary or silly they might be. Plus family and friends can track what I am up too, and where I am in the world.

I am pretty simple. I love Mangos. I love the ocean, although mostly at sunset as I’m a ginger. I love to travel, eat exotic food, read, and use my imagination. I love creating and developing ideas into businesses, understanding how all businesses work, and building cool stuff. I am a globalist and see the entire world as my responsibility and playground. And, I am married to an amazing woman who makes life even more fun :)! And, we are now the proud parents of Calico Jack :).