Moore v Harper: the impacts of the supreme court’s ruling
The impacts of the supreme court’s ruling in Moore v Harper increase to redistricting, and beyond.
Its most quick impact is to protect longstanding norms about point out courts’ ability to weigh in on legislatures’ steps when it will come to federal elections, as the Guardian’s Sam Levine experiences:
The 6-three choice in Moore v Harper is a blow to North Carolina Republicans who had requested the court docket to embrace the so-identified as unbiased point out legislature idea – the idea that the US structure does not permit state courts to limit the electrical power of condition legislatures when it arrives to federal elections. These kinds of a determination in the situation would have been a significant win for Republicans, who control far more point out legislatures than Democrats do. Some of the conservative justices on the courtroom had urged the bench to embrace the plan.
“We will have to resolve this query sooner or later on, and the sooner we do so, the superior,” Justice Samuel Alito wrote in a dissent at an earlier phase in the case that was joined by Neil Gorsuch and Clarence Thomas. “If the language of the elections clause is taken seriously, there will have to be some limit on the authority of state courts to countermand actions taken by point out legislatures when they are prescribing principles for the carry out of federal elections.”
The court’s final decision indicates that condition courts can continue to weigh in on disputes around federal election policies. Point out courts have develop into more and more common boards for hearing all those disputes, especially just after the US supreme court claimed in 2019 that federal courts could not address partisan gerrymandering.
But Michael McDonald, a University of Florida political science professor focusing on American elections, sees broader implications in the justices’ rejection of the fringe unbiased condition legislature (ISL) theory, which Republican lawmakers from North Carolina has requested them to endorse in the circumstance:
Here’s more from Sam on the case:
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Here’s a rundown of what has happened today so far:
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The supreme court will release more opinions on Thursday. The nine justices have seven cases left to decide, including those dealing with affirmative action and Joe Biden’s student loan relief plan.
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Alabama’s Republican governor has called a special legislative session to redraw the state’s congressional maps, after the supreme court earlier this month ruled the current districts discriminated against Black voters.
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Chuck Schumer, the Senate’s Democratic leader, outlined plans to find agreement with Republicans on a bunch of different pieces of legislation.
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The impacts of the supreme court’s ruling in Moore v Harper extend to redistricting, and beyond.
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Its most immediate effect is to preserve longstanding norms over state courts’ ability to weigh in on legislatures’ actions when it comes to federal elections, as the Guardian’s Sam Levine reports:
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The 6-3 decision in Moore v Harper is a blow to North Carolina Republicans who had asked the court to embrace the so-called independent state legislature theory – the idea that the US constitution does not allow state courts to limit the power of state legislatures when it comes to federal elections. Such a decision in the case would have been a major win for Republicans, who control more state legislatures than Democrats do. Some of the conservative justices on the court had urged the bench to embrace the idea.
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“We will have to resolve this question sooner or later, and the sooner we do so, the better,” Justice Samuel Alito wrote in a dissent at an earlier stage in the case that was joined by Neil Gorsuch and Clarence Thomas. “If the language of the elections clause is taken seriously, there must be some limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections.”
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The court’s decision means that state courts can continue to weigh in on disputes over federal election rules. State courts have become increasingly popular forums for hearing those disputes, especially after the US supreme court said in 2019 that federal courts could not address partisan gerrymandering.
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But Michael McDonald, a University of Florida political science professor focusing on American elections, sees broader implications in the justices’ rejection of the fringe independent state legislature (ISL) theory, which Republican lawmakers from North Carolina has asked them to endorse in the case:
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First, the ISL theory could have unraveled all instances where states implemented election policies for federal elections that did not include the state legislature. That includes voter-approved ballot initiatives for policies like mail balloting, same-day registration, etc.
— Michael McDonald (@ElectProject) June 27, 2023
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Here’s more from Sam on the case:
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The supreme court has announced that it will release more opinions on Thursday.
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It has seven cases left to issue verdicts on, including challenges to Joe Biden’s plan to relieve some student loan debt, and a case that could see the court’s conservative majority dismantle affirmative action in college admissions.
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The supreme court has rejected a conservative challenge to the ability of state courts to weigh in on congressional maps, batting away a petition that could have transformed redistricting across the United States.
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We are reading the decision just handed down in the case of Moore v Harper, and will let you know more about what it means for American politics.
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Donald Trump’s valet charged in the classified documents case will not be arraigned until early July after he was unable to find an attorney admitted to the Florida bar, and was also unable to appear in court after repeated flight delays, according to people familiar with the matter.
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The valet, Walt Nauta, was scheduled to be answer the charges against him at federal district court in Miami on Tuesday morning, after he previously could not be arraigned at the same time as Trump because – unlike the former president – he did not have a lawyer admitted to the Florida bar.
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Nauta’s hearing has now been rescheduled to 6 July.
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In about three minutes, the supreme court will begin releasing decisions.
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There’s no telling how many they will put out, or which cases they will issue opinions on, but we will follow it all here as it happens.
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The arraignment of Walt Nauta, Donald Trump’s valet who was indicted alongside him over the classified documents found at Mar-a-Lago, has been thrown into uncertainty, the Guardian’s Hugo Lowell reports:
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NEW: Currently unclear whether Trump valet Walt Nauta’s arraignment will take place today as scheduled — Nauta had difficulty getting down to Miami last night because of repeated flight cancellations, and his lawyer wanted him to meet Florida counsel candidates before retaining.
— Hugo Lowell (@hugolowell) June 27, 2023
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Nauta was supposed to appear in a Miami federal court this morning to be hear the charges against him and enter a plea.
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There’s no telling what decisions the supreme court will release at 10am eastern time today, but the chances are high that the nine-justice bench, where conservatives hold a majority and last year showed a willingness to upend longstanding practice in American society, will issue opinions on several weighty matters that they have been considering.
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Here are some of the cases that could have the biggest impacts:
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The court is considering a challenge to race-conscious admissions at universities. Proponents of the practice say it has helped schools admit more students of color and diversify their classes, while opponents equate it to racial discrimination.
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Another case could see the justices endorse a legal theory that would strip state courts of their power to rule on congressional maps. This could have huge consequences for redistricting across the United States, and for the greater battle for control of the House of Representatives.
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Several Republican-led states have sued over Joe Biden’s plan to relieve some federal student loan debt. The supreme court kept the program blocked while considering the challenges against it, and could kill it for good with a ruling.
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The justices could weigh in on the case of Lorie Smith, a Colorado web designer who says her religious beliefs prevent her from making websites for same-sex couples. LGTBQ+ advocates fear a ruling in her favor could open up new avenues of discrimination against gay, lesbian and transgender people.
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Good early morning, US politics weblog readers. The supreme court docket will launch one more batch of views at 10am jap time currently, and odds are substantial that we’ll get the conservative-dominated court’s choices on many remarkable situations that could have big impacts on American daily life. The justices even now have not weighed in on issues to Joe Biden’s scholar personal loan aid act, a situation that could transform the congressional redistricting course of action, or a further that could direct to the stop of affirmative motion in faculty admissions, amid many others. There are no ensures that choices in all those matters will come now, but likelihood are far better than at any time this is the final week of the court’s term, and the supreme court docket has only 10 outstanding cases remaining.
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That’s not all that’s heading on nowadays:
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Walt Nauta, Donald Trump’s valet who was indicted together with him previously this thirty day period on federal rates connected to assisting cover labeled govt documents at Mar-a-Lago, will be arraigned in Miami.
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Trump and Florida governor Ron DeSantis, a leading rival for upcoming year’s Republican presidential nomination, are equally campaigning in early main condition New Hampshire.
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Anthony Fauci, the US public wellbeing main who grew to become a household identify right after Covid-19 broke out, will instruct at Georgetown College in Washington DC just after retiring from the Countrywide Institutes of Wellbeing final yr.
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Florida governor Ron DeSantis has vowed to triumph where by Donald Trump failed and to “actually” construct the wall concerning the US and Mexico, as the two held dueling campaign gatherings in New Hampshire.
DeSantis, at a town corridor in Hollis, spoke about his new immigration policy proposal which incorporates contacting for ending birthright citizenship, finishing the border wall and sending US forces into Mexico to fight drug cartels, AP reviews.
He explained:
We’re essentially heading to build the wall. A good deal of politicians chirp. They make grandiose claims and then are unsuccessful to provide the true effects. The time for excuses is about. Now is the time to supply success and finally get the work completed.
A team of House Democrats are calling for an independent investigation into the US supreme court justice Clarence Thomas, pursuing experiences that he acquired lavish presents and monetary assistance from the Republican mega-donor and billionaire real estate developer, Harlan Crow.
In a letter to the main justice, John Roberts, the group of eighteen House Democrats urged Roberts to established up an “independent investigative body” within just the supreme courtroom to probe “alleged ethical improprieties”.
Thomas’s marriage with Crow, and his failure to declare several presents, has extended been identified. But in April, ProPublica thorough gifts from Crow to Thomas which includes luxurious vacation and vacation resort stays, a residence invest in and the shelling out of school costs. Democrats have named for Thomas to be impeached and taken out.
ProPublica also documented that the supreme court docket justice, Samuel Alito, recognized a seat on a non-public plane owned by the conservative billionaire Paul Singer, traveling to Alaska for a luxury fishing journey hosted by one more rightwing businessman, then did not declare these presents or recuse himself when Singer had business just before the court.
The letter by House Democrats, led by New York congressman Dan Goldman and shared with NBC News, criticizes Roberts for declaring the courtroom can persuade the general public that it “adheres to the optimum criteria of conduct” devoid of taking new motion to handle latest ethics issues. It reads:
The Court’s failure to carry out a meaningful, independent investigation into allegations towards Justices Thomas and Alito only underscores common concerns that the Supreme Court is not matter to a code of ethics or an ample enforcement process.
It continues:
If, as you say, the Courtroom is able of upholding the highest moral criteria, then we hope you will accept our tips to create an independent and clear investigative physique and independent ethics counsel to get back the belief and assurance of the American people today.
The working day so significantly
Democracy advocates are cheering after the supreme courtroom struck down an endeavor by Republican state lawmakers in North Carolina to get the justices’ endorsement of a fringe authorized concept that could have significantly worsened partisan gerrymandering nationwide. In the meantime, Walt Nauta, the valet to Donald Trump who was indicted along with him for fees relevant to the labeled paperwork identified at Mar-a-Lago, missed his arraignment now. The listening to will now acquire put on six July.
Here’s a rundown of what has occurred right now so much:
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The supreme court will release a lot more opinions on Thursday. The nine justices have 7 instances remaining to choose, which include these dealing with affirmative motion and Joe Biden’s pupil financial loan relief system.
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Alabama’s Republican governor has identified as a exclusive legislative session to redraw the state’s congressional maps, right after the supreme courtroom previously this thirty day period ruled the present districts discriminated in opposition to Black voters.
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Chuck Schumer, the Senate’s Democratic leader, outlined options to locate arrangement with Republicans on a bunch of diverse parts of legislation.
All varieties of men and women and organizations are weighing in on the supreme court’s ruling in Moore v Harper – which include Arnold Schwarzenegger.
Sure, that Arnold Schwarzenegger – the one known globally for his friendship with Dylan, for remaining a good male to adhere with if you want to reside, and for becoming an all-all around chill person. Californians will also try to remember him as their previous governor, and the most-current Republican to hold the place of work.
Schwarzenegger, an avid Twitter user in the twilight a long time of his twin careers in Hollywood and Sacramento, took to the platform to specific his happiness at the court’s ruling in the situation that could have upended congressional redistricting nationwide, and also to carry on his feud with Jeff Clark, a Donald Trump-period justice section official who performed a crucial part in the former president’s try to overturn the 2020 election:
Chuck Schumer may say that “Senate Democrats will continue to fight for free and fair elections”, but actually doing so is easier said than done.
Democrats’ slim majority in the Senate and the availability of the filibuster to the GOP means passing legislation to address the issues that worry democracy advocates most – think partisan gerrymandering, or restrictions on ballot box access that can disenfranchise certain groups – appears beyond their abilities in this Congress. And if those weren’t obstacles enough, the House’s Republican leaders have shown little willingness to consider such legislation.
Indeed, voting rights legislation wasn’t mentioned by Schumer in an interview published by Politico today, in which the Senate majority leader outlined his legislative priorities:
After spending six months focused on confirming President Joe Biden’s nominees and fighting off GOP regulatory rollbacks, the Senate majority leader is planning to pivot into bipartisan policymaking mode. During an interview with POLITICO, Schumer outlined an enterprising agenda that includes must-pass bills on defense, aviation and farm policy, as well as long-held priorities like marijuana banking and China competitiveness.
That’s on top of a rail safety plan that could run into a wall of GOP resistance and a challenging push to lower prescription drug prices — plus more. And any of those bills risk falling to a filibuster by Republicans who are deciding whether they’re in a mood to compromise before the 2024 election, which could give them control of the Senate.
“There are a bunch of Republicans in the Senate who want to work with us,” Schumer said in an interview. “We’ll try to get as many [bills] done as we can. Legislating in the Senate with the rules we have is not easy, right? But if you push ahead, we’re going to get some good things done.”
After the supreme court’s ruling in Moore v Harper, the Senate’s Democratic leader Chuck Schumer said democracy advocates “can stand a bit taller.”
Here’s his full statement:
Today those who support democracy, fair elections and the rule of law can stand a bit taller. Today’s ruling reaffirms the longstanding precedent that respects our constitutional system of checks and balances. There is still much work to do to protect American democracy. As John Lewis said, ‘Democracy is not a state. It is an act,’ which is why Senate Democrats will continue to fight for free and fair elections.
Martin Pengelly
There are some interesting names among amicus briefs filed with the supreme court over Moore v Harper – amicus briefs being, in the words of Cornell Law School, documents filed by “friends of the court” (“amicus curiae”), those being “a person or group who is not a party to an action, but has a strong interest in the matter [and] will petition the court for permission to submit a brief in the action intending to influence the court’s decision”.
One amicus brief in Moore v Harper came from the America First Legal Foundation. Influencewatch.org calls that group “a right-of-center nonprofit [co-]formed by former senior Trump White House adviser Stephen Miller … aim[ing] to use litigation to oppose left-of-center policies enacted by the Biden administration. The board is made up of former Trump officials including former White House chief of staff Mark Meadows and former acting attorney general Matthew Whitaker”.
Another amicus brief came from the American Legislative Exchange Council, a group backed by the rightwing Koch donor network that the Guardian’s Ed Pilkington has described as a “rightwing network that brings conservative lawmakers together with corporate lobbyists to create model legislation that is cloned across the US”.
Also filing an amicus brief was Citizens United, a conservative nonprofit which successfully challenged campaign finance laws in a 2010 supreme court ruling which changed the landscape of US elections, unleashing corporate money.
One more amicus brief to note in Moore v Harper: that filed by John Eastman, law professor and chief ideologue of Donald Trump’s attempt to overturn the 2020 election who is currently fighting a move to disbar him.
With friends of the court like these…
In other redistricting news, Alabama’s Republican governor has Kay Ivey has called the state legislature back into session to draw new congressional maps:
The catalyst is a supreme court ruling released earlier this month that found the state’s maps discriminated against Black voters. Alabama’s legislature is dominated by Republicans, but as a result of the decision, they are expected to draw a map that will create a second majority-Black congressional district – a seat Democrats may have a good shot at winning, given African-American voters’ tendency to support the party.
Moore v Harper: the impacts of the supreme court’s ruling
The impacts of the supreme court’s ruling in Moore v Harper extend to redistricting, and beyond.
Its most immediate effect is to preserve longstanding norms over state courts’ ability to weigh in on legislatures’ actions when it comes to federal elections, as the Guardian’s Sam Levine reports:
The 6-3 decision in Moore v Harper is a blow to North Carolina Republicans who had asked the court to embrace the so-called independent state legislature theory – the idea that the US constitution does not allow state courts to limit the power of state legislatures when it comes to federal elections. Such a decision in the case would have been a major win for Republicans, who control more state legislatures than Democrats do. Some of the conservative justices on the court had urged the bench to embrace the idea.
“We will have to resolve this question sooner or later, and the sooner we do so, the better,” Justice Samuel Alito wrote in a dissent at an earlier stage in the case that was joined by Neil Gorsuch and Clarence Thomas. “If the language of the elections clause is taken seriously, there must be some limit on the authority of state courts to countermand actions taken by state legislatures when they are prescribing rules for the conduct of federal elections.”
The court’s decision means that state courts can continue to weigh in on disputes over federal election rules. State courts have become increasingly popular forums for hearing those disputes, especially after the US supreme court said in 2019 that federal courts could not address partisan gerrymandering.
But Michael McDonald, a University of Florida political science professor focusing on American elections, sees broader implications in the justices’ rejection of the fringe independent state legislature (ISL) theory, which Republican lawmakers from North Carolina has asked them to endorse in the case:
Here’s more from Sam on the case:
And here are a few thoughts on the Moore v Harper ruling from Ari Savitzky, senior staff attorney with the American Civil Liberties Union’s voting rights project:
The Supreme Court was right to reject the misbegotten independent state legislature theory. In our system, there is no room for a rogue legislature that can violate its own founding charter without any checks from other branches of government. This radical theory is totally contrary to the bedrock principle of checks and balances, and the court has correctly relegated it to the dustbin of history. The court’s decision confirms the important role of state courts and state constitutions in ensuring fair elections and protecting the right to vote for all.
Youth voter organization NextGen America has reacted to the supreme court’s rejection of an attempt by Republican lawmakers to promote a fringe legal theory that would have transformed redistricting in the Moore v Harper case.
Here’s what the group’s president Cristina Tzintzún Ramirez had to say:
We are glad the high court took a critical stance by rejecting North Carolina’s Republican lawmakers’ attempts to erode our nation’s checks and balances through the anti-democratic independent state legislature theory. Today, the Court ruled in favor of voters and protected state courts’ power to hold lawmakers accountable to state laws when it comes to our elections. This is a major win for voters and protects our democracy from attacks on voting rights and threats to our systems of free and fair elections.
Now, young voters nationwide call on Congress to work on behalf of the people who elected them and enshrine critical voter protections into federal law. The stakes are too big and without Congressional legislative action we are facing the degradation of democracy. Young people will not stand idly by as we see the blatant and unchecked attack on our rights and our freedoms and we won’t stop organizing, mobilizing, and using our collective power until we create a democracy that works for all of us.