The court case that could transform the US election – POLITICO
INTERPRETIVE DANCE — One of the biggest cases on the Supreme Court’s docket in the next term is Moore v. Harper. At its core, it’s yet another fight on the North Carolina Congressional cards. But it’s one that’s likely to have far-reaching effects beyond state borders.
Stripped down to their essence, North Carolina Republicans are pushing the nation’s highest court to overturn a state court’s redistricting decision under a constitutional interpretation called the “independent state.” theory of the legislature”. The theory revolves around the Elections Clause of the Constitution, which states that “the times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof”, subject congressional regulations.
Proponents of the ISL theory argue that this formulation – an explicit mention of a “legislature” and not the judiciary – means that state judges have little or no role to play in checking decisions. elections of state legislators. However, many prominent election scholars and voting rights groups say it could mark a sweeping overhaul of US election laws, resulting in a consolidation of power in the hands of state legislatures. This could, for example, give them near-unchecked power to draw political boundaries in favor of one political party, or to impose stricter requirements regarding registration or voting practices with no way to challenge them in court. of state.
The once fringe theory, which has its roots in former Chief Justice William Rehnquist’s agreement in Bush versus Gore, has now found near-universal support from across the conservative legal world, as the Friend of the Courts memoirs that poured in earlier this week show.
Memoirs of the Fair Elections Project – part of the sprawling network of groups linked to conservative activist Leonard Leo, one of the most influential people on the American legal right; the American Legislative Exchange Council; the Republican National Committee and the Republican National Committee of Congress; and others – quarrel to varying degrees for depriving state courts of much of their ability to review election procedures established by legislatures. They argue that critics of the theory are engaging in exaggerated “political histrionics”.
And John Eastman (yes, THAT John Eastman, the lawyer who was behind then-President Donald Trump’s attempts to have able-bodied voters kicked out of the states), goes a bit further in his brief to the Claremont Institute, linking this broader debate to similar wording in the Elections Clause of the US Constitution, which determines how states appoint electors to electoral colleges. One outcome of such a reading would be to exclude state courts from disputes over many aspects surrounding presidential elections — this could lead to even more uncertainty around presidential voters, a gray area that Trump and its allies sought to exploit last year.
Already, four judges — Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh — have all reported at least some favor to some form of the theory. The question is whether one of the court’s other two conservative justices will join them and, if so, how far the majority will go.
The debate over the independent legislature does not take place in a vacuum. Instead, it happens during the same term as another one pivot Supreme Court redistricting case – this time about racial gerrymandering in Alabama. After a lower court found the cards diluted the voting power of black voters, Republicans appealed to them. This case could potentially weaken the already curtailed Voting Rights Act by effectively making it much more difficult to bring racial discrimination claims in federal court.
Welcome to POLITICO Nightly. Connect with news, tips and ideas at [email protected]. Or contact tonight’s author at [email protected] or on Twitter @ZachMontellaro.
— Republicans to Trump: Pony more money in the battle for the Senate: Mitch McConnell is indirectly pushing Trump to help Republicans try to overthrow the Senate. Minority leader advises Trump-backed candidates and senators with good relations with the 45th president to push him to shift millions of dollars from his PAC leadership to super PACs supporting Trump’s favorite candidates, according to two people familiar with McConnell’s plea. Private pressure to get Trump to commit financially to a number of battleground states comes as the former president has about $99 million stashed away in his PAC.
– Biden says he will attend Queen Elizabeth’s funeral: President Joe Biden said today he will attend the funeral of Britain’s Queen Elizabeth, the most definitive comment yet from the White House on whether the president will visit for the service. “I don’t know the specifics yet, but I’m going,” Biden told reporters before boarding Air Force One after a speech in Ohio. The president also said he knew King Charles but had not yet spoken to him since his mother’s death.
– Same-sex marriage bill teeters on brink of GOP filibuster: The same-sex marriage bill that won over nearly 50 House Republicans is now at risk of falling into GOP filibuster in the Senate — its vote tally largely depending on how it addresses religious freedom. The senses. Tammy Baldwin (D-Wis.) and Susan Collins (R-Maine) are drafting an amendment aimed at addressing conservative concerns that the bill — supported in its current form by two members of the House GOP leadership — risks undermine religious freedom. But only three GOP senators strongly support the bill and it’s far from clear, despite expectations of success, that a total of 10 will emerge.
GO OUT IN THE STREET – European politicians returning to their desks after a summer break have found a pressing issue in their inbox – a cost of living crisis already fomenting social unrest, write Suzanne Lynch and Jacopo Barigazzi.
While many Europeans were enjoying the summer sun, protests were also spreading across the bloc, from Spain to Germany. In Prague last weekend, around 70,000 people took to the streets to demonstrate against the government, demanding action against rising energy costs – and chanting against the EU and NATO.
Europe is grappling with record inflation, largely due to energy costs that have skyrocketed since Russia invaded Ukraine. The toxic brew has left Europeans in fear of sky-high heating bills this winter.
A diplomat from a Baltic country has predicted that Europe could face a new populist surge if leaders fail to rein in costs. “This could be the third wave of populism in recent times,” he said, citing the 2008 financial crisis and the migration crisis around 2014 as the two previous waves. “This time could be the worst and have unpredictable consequences. We also think that’s what Putin is pushing.
IN THE EYES OF THE PUBLIC — Finally, Charles is the king. And at 73, the oldest heir in British history has had a lifetime waiting to ascend the throne. It means the former Prince of Wales has had plenty of time to pursue a naval career, establish a catalog of charities, marry twice and reap his fair share of scandals along the way.
What do we need to know about the man now at the top of the royal food chain? Here, drawn from interviews, media coverage and royal communications, is an excerpt from an alphabet primer on Charles’s life, told in full in 55 facts by Creamer Ella.
Fact #9: At 14, Charles ordered a cherry brandy for two shillings and sixpence from a pub on the Isle of Lewis after riding a Gordonstoun School sailboat. It was illegal for under 18s to be served and, unfortunately for Charles, a reporter was sitting at the bar. A national scandal ensued and the prince’s bodyguard, Don Green, lost his job.
Fact #12: Charles made his first trip to Washington in 1970 and spent time with Richard Nixon’s daughter. He later reflected, “That was the time they were trying to marry me to Tricia Nixon.”
Fact #32: Charles received the Global Environmental Citizen Award from Harvard Medical School in 2007. This honor was presented to him by Al Gore, who had previously won the award.
Fact #34: Charles’ US Secret Service code name is “Unicorn”.
Did someone forward this email to you? register here.