Podcasts about independent state legislature

Republicans have discovered ONE WEIRD TRICK to win elections, and it is for the legislatures to steal all the electoral votes. Or if that can't be arranged, they'd accept an intervention from SCOTUS. We'll discuss the independent state legislature theory, as well as Trump's latest filing in the stolen documents appeal.   Links:   Musk Petition https://petition.theamericapac.org/   Pennsylvania v. America PAC complaint https://www.documentcloud.org/documents/25255630-philly-v-musk    Pennsylvania SCT appeal (Genser v. Butler County) https://s3.documentcloud.org/documents/25255962/scotus-24a408-stay-application-pa.pdf   5th Circuit provisional ballots case (RNC v. Wetzel) https://www.ca5.uscourts.gov/opinions/pub/24/24-60395-CV0.pdf   US v. Trump (11th Circuit appeal) docket https://www.courtlistener.com/docket/68955302/united-states-v-donald-trump/   US v. Trump (SDFL documents case) docket https://www.courtlistener.com/docket/67643393/united-states-v-trump/   28 CFR § 600.1 https://www.law.cornell.edu/cfr/text/28/600.1   Inside the Movement Behind Trump's Election Lies https://www.nytimes.com/interactive/2024/10/28/us/politics/inside-the-movement-behind-trumps-election-lies.html Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod

The American Democracy Minute Radio Report & Podcast for April 12, 2024Michigan Case Which Used the ‘Independent State Legislature Theory' to Challenge Voting Rights Ballot Questions is DismissedWe reported last October that 11 Michigan GOP legislators used the “Independent State Legislature” theory to challenge two Michigan ballot questions expanding voting rights.  A federal judge dismissed their case April 10th.To view the whole script of today's report, please go to our website.Today's LinksArticles & Resources:Brennan Center for Justice - Moore v. HarperBallotPedia - Michigan 2018 ballot measuresBallotPedia - Michigan 2022 ballot measuresU.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN (via Democracy Docket) - JONATHAN LINDSEY v.  GRETCHEN WHITMER Opinion and OrderMichigan Department of Attorney General - Federal Court Rejects Lawsuit of 11 Republican State Legislators, Predicated on Independent State Legislature TheoryMichigan Advance - Federal judge rejects GOP lawmaker suit over state election lawsDemocracy Docket - Revisiting Moore v. Harper and the Threats to Democracy Groups Taking Action:Michigan Alliance for Retired Americans,  Detroit Downriver A. Phillip Randolph Institute, Detroit Disability PowerPlease follow us on Facebook and Twitter and SHARE!  Find all of our reports at AmericanDemocracyMinute.orgWant ADM sent to your email?  Sign up here!Are you a radio station?  Find our broadcast files at Pacifica Radio Network's Audioport and PRX#Democracy  #DemocracyNews #VotingRights #MichiganPolitics  #DemocracyReform #DirectDemocracy #MoorevHarper

The American Democracy Minute Radio Report & Podcast for Oct. 27, 2023Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy ReformsJust in time for Halloween, Michigan GOP legislators are attempting to reanimate the rejected Independent State Legislature theory to invalidate a voting rights citizen ballot initiative passed in 2022.  Haven't we seen this horror movie before?Our podcasting host recently made changes which stops us from including our entire script as part of the podcast content.  To view the whole script, please go to our website and find today's report.Today's LinksArticles & Resources:Democracy Docket - Using Rejected ISL Theory, Michigan Republicans Challenge Voter-Approved Constitutional Amendments U.S. District Court via Democracy Docket -  LINDSEY v. WHITMERBallotPedia - Michigan Proposal 2, Voting Policies in Constitution Amendment (2022)Brennan Center for Justice - The ‘Independent State Legislature Theory,' ExplainedCenter for American Progress - How Michigan Became a Blueprint for Strengthening DemocracyGroups Taking Action:Promote the Vote, ACLU Michigan, League of Women Voters MI, American Promise MIPlease follow us on Facebook and Twitter and SHARE!  Find all of our reports at AmericanDemocracyMinute.orgWant ADM sent to your email?  Sign up here!#Democracy  #DemocracyNews #MichiganPolitics #VoterSuppression #MoorevHarper#IndependentStateLegislature #Proposition2

Original Air Date: December 8, 2022 The Supreme Court is back in session and taking on a number of hot button issues this session. To break down the latest episode, David sits down with Dahlia Lithwick of Slate. How likely is the Supreme Court to side with those pushing the Independent State Legislature doctrine? How much do our hopes hinge on Amy Coney Barrett and Brett Kavanaugh? Is masterpiece cakeshop coming back from the dead? Find out during this timely discussion. Don't miss it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Original Air Date: December 8, 2022 The Supreme Court is back in session and taking on a number of hot button issues this session. To break down the latest episode, David sits down with Dahlia Lithwick of Slate. How likely is the Supreme Court to side with those pushing the Independent State Legislature doctrine? How much do our hopes hinge on Amy Coney Barrett and Brett Kavanaugh? Is masterpiece cakeshop coming back from the dead? Find out during this timely discussion. Don't miss it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Independent, investigative news, reporting, interviews and commentary

In this episode, Josh and Adi cover the recent Supreme Court term, and discuss the major cases heard by the court and the implications of their decisions, including the decisions on Affirmative Action, Student loan fogriveness, the alleged neutrality of the court, as well as a discussion on the recent Twitter limit debacle and the state of Social Media. Follow Josh at @JoshuaKoss17, and check out the Monster Pop podcast at @MonsterPopPod  ⁠linktr.ee/MonsterPop⁠ Follow us on: Twitter - @PodGreenhouse  Email us at: greenhousegaslightingpod@gmail.com  https://linktr.ee/greenhousegaslighting Further Reading: https://www.findlaw.com/legalblogs/supreme-court/13-worst-supreme-court-decisions-of-all-time/ Articles and Cases Discussed: The Court rejected the “Independent State Legislature” theory, one of the various legal mechanisms Trump pursued to remain in power after losing in 2020, in Moore v. Harper (6-3) https://www.npr.org/2023/06/27/1181152636/independent-state-legislature-theory-supreme-court-decision  Screwed over the Navajo Nation reserve, saying the US had no obligations to provide water under their treaty with the reservation in Arizona v. Navajo Nation (5-4) Ended race-based affirmative action in Students for Fair Admissions Inc. v. President & Fellows of Harvard College (6-3)  Expanded business discrimination of LGBTQIA+ individuals in 303 Creative LLC v. Elenis (6-3) Case was brought forth on bogus claims and should have lacked standing, the website to design wedding websites did not yet exist nor did the “gay man” who supposedly requested the website https://newrepublic.com/article/173987/mysterious-case-fake-gay-marriage-website-real-straight-man-supreme-court  Rejection of Biden's student loan forgiveness plan in Biden v. Nebraska https://www.scotusblog.com/case-files/cases/biden-v-nebraska-2/  SCOTUS AGAIN expanded “standing” standards which conflicted with decisions earlier in the term which concluded that State's lacked legal standing to protect private actors within their territory.  Expanding the bench - Biden has rejected this as harmfully “politicizing the Court”  https://www.commondreams.org/news/biden-supreme-court-politicize “I think if we start the process of trying to expand the court, we're going to politicize it maybe forever in a way that's not healthy

The Supreme Court has ruled in the Independent State Legislature case, Moore v. Harper.  As we have from the beginning, we look at the case from the point of view of the precedents, of the history, the constitutional issues and implications, and the inner dynamics of the Court and beyond.  As an author in a key amicus brief, Professor Amar is on the inside, and now so are you, as we take the opinion apart and explain the sometimes confusing matter of why the case was not rendered moot by later developments - and we look at the strange split among the various advocates on this question.  We compare Chief Justice Roberts' reasoning with our own from our brief, and look at the importance of a concurrence.  At the end of the day, and of this podcast, you will come away with a thorough understanding of what could have been a disaster for the country but instead is a fine hour for the Court.

The U.S. Supreme Court ruled against North Carolina Republicans Tuesday and said state legislatures don't have absolute power over election laws, and that state courts are constitutionally allowed to weigh in on those laws. At issue in Moore v. Harper, a fringe legal argument called Independent State Legislature theory. "I think the court felt that they were going to have to decide this question sooner or later. It had been raised in a number of cases during the 2020 election, and the majority of the court never directly addressed it. There are cases from other states where it's percolating," said Professor Richard Briffault.READ MORE: https://www.wcnc.com/article/news/politics/flashpoint/legal-scholar-litigation-nc-supreme-court-case/275-b4ab5630-9344-4219-9392-d304a0a921d4

The U.S. Supreme Court ruled against North Carolina Republicans Tuesday and said state legislatures don't have absolute power over election laws, and that state courts are constitutionally allowed to weigh in on those laws.  At issue in Moore v. Harper, a fringe legal argument called Independent State Legislature theory.  "I think the court felt that they were going to have to decide this question sooner or later. It had been raised in a number of cases during the 2020 election, and the majority of the court never directly addressed it. There are cases from other states where it's percolating," said Professor Richard Briffault. READ MORE: https://www.wcnc.com/article/news/politics/flashpoint/legal-scholar-litigation-nc-supreme-court-case/275-b4ab5630-9344-4219-9392-d304a0a921d4

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Heartland POD on Twitter - @TheHeartlandPOD Adam Sommer @Adam_Sommer85  (Twitter) @adam_sommer85 (Post)https://heartlandpod.com/JOIN PATREON FOR MORE - AND JOIN OUR SOCIAL NETWORK!“Change The Conversation” Good summary of Moore v. Harper: https://missouriindependent.com/2023/06/27/nc-republicans-lose-us-supreme-court-case-on-legislatures-power-over-federal-elections/ 

Heartland POD on Twitter - @TheHeartlandPOD Adam Sommer @Adam_Sommer85  (Twitter) @adam_sommer85 (Post)https://heartlandpod.com/JOIN PATREON FOR MORE - AND JOIN OUR SOCIAL NETWORK!“Change The Conversation” Good summary of Moore v. Harper: https://missouriindependent.com/2023/06/27/nc-republicans-lose-us-supreme-court-case-on-legislatures-power-over-federal-elections/ 

On tonight's show Connor discusses the Trump tape leak regarding the classified documents case. He talks about Jesse Watters taking over for Tucker Carlson and how he blames the submersible's implosion on wokeness. Connor goes over the Supreme Court case of the Independent State Legislature Theory. Lastly Connor goes over some 2024 news and polling.All this and more on tonight's show!Join the Discord Server - https://discord.gg/6GUPV4bARqIf you enjoy the show, please subscribe and hit the like button on the stream!Support on Patreon - https://www.patreon.com/greatersocietymediaFind all the show links here - https://linktr.ee/greatersocietymediaFollow on Instagram - @greatersocietymediaFollow Connor on Twitter - @ConOHanlonGreater Society Media is a progressive media company dedicated to bringing insightful analysis to viewers and readers on political topics of today from the local level to the international.​The Greater Society Podcast is a weekly progressive show that  focuses on analyzing American politics, current events, and history. The show covers a wide range or topics and will incorporate various guests to dive deeper into their specialties. Shows are broadcasted live on YouTube and available in audio versions as well where you listen to your podcasts.What sets the show apart is the focus on local organizing and the impacts we can all make on a local level as Connor OHanlon (the host) leverages his experience as Chairman of a local Democratic committee and former candidate for office to bring you an inside look at how politics is done.We aim to bring nuance to each and every discussion and debate and look forward to covering the unfolding history of America.

It's Hump Day! Emma hosts Mike German, fellow at The Brennan Center for Justice, to discuss a recent interview he did with Mireya Navarro, the editor-in-chief of Brennan en Espanol, entitled "Why White Supremacist Groups Attract Latinos to Their Ranks." Then Emma is joined by Matt Ford, staff writer at The New Republic, to discuss his recent piece entitled "Clarence Thomas Wants to Demolish Indian Law." First Emma runs through the day's headlines, including Trump claiming “ego” instead of “insanity,” updates on Prigozhin's mutiny, more wildfire disasters, trans rights, and Yusef Salaam's entrance into the New York City Council, also diving into Laura Ingraham's ridiculous coverage on what's fringe and what's not. Michael German then joins, diving right into his history as an FBI agent infiltrating White supremacist groups, exploring how these groups function and extend their reach beyond other explicitly white folks, provided they align with their ethnonationalist beliefs. After tackling the particular role of Hispanic ethnicity within white supremacist communities, German wraps up the interview by assessing the greater attempts by these groups to polish their public appearance both to draw in members and avoid the typical “domestic terrorist” image. Matt Ford then walks through the Supreme Court's recent Moore v. Harper decision rejecting the fringe “Independent State Legislature” theory, and why, despite it not being the perfect outcome, we should be thankful it wasn't worse. He and Emma then tackle Gorsuch's staunch defense of native sovereignty, exploring where he grounds his stance, why his conservative colleagues don't align with him, and how the votes might fall in upcoming cases on native sovereignty. After assessing the Supreme Court's impending affirmative action cases and why an overturn is all but expected, Ford dives into the constitutional attack on marriage equality, and wraps up with an exploration of the absurd arguments (that might work) about the unconstitutionality of a wealth tax. And in the Fun Half: Emma talks with Jason from Ft. Worth on the right's bad-faith manipulation of academic studies – as shown by Tim Pool – before she and the crew dive into her discussion with Tim on his undermining of a 10-year-old rape victim's story, and talk with Matt from Oregon on the horrific real-world implications of fascist reproductive viewpoints. They also explore Mikhaila Peterson's grappling with her father's violent misogyny, Greg Gutfeld's undermining of his own transphobic stances, and Trump's “bravado” defense, plus, your calls and IMs! Check out Mike's interview here: https://www.brennancenter.org/our-work/research-reports/why-white-supremacist-groups-attract-latinos-their-ranks Check out Matt's reporting here: https://newrepublic.com/authors/matt-ford Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Zippix Toothpicks: Ditch the cigarettes, ditch the vape and get some nicotine infused toothpicks at https://zippixtoothpicks.com/ today, and get 10% off your first order by using the code MAJORITY at checkout. Your lungs will be glad you did. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Hey! A titanic tuesday without any references to the Libertarian Death Thermos! Yay! Nitwit Nero grunts and moans at the EVILgelicals. SCOTUS shows its true colors in a case affecting a woman's right to be safe. OTOH, they kinda, sorta got it right in the case about the harebrained, cockamamie scheme known as the "Independent State Legislature" theory. Naturally, Fappy Thomas leapt onto the stupid, wrong side of history.  Y'all, we're struggling to finish June adequately funded to get us through the next broadcast month. We're $1,400 dollars behind and falling further as the month heads to its end. Your help keeps this conversation going.

Zack Smith, Legal Fellow and Manager of Supreme Court and Appellate Advocacy Program at the Heritage Foundation, joins Marc to discuss the latest Supreme Court Rulings and why the Supreme Court are waiting to the last minute or release some of their judgments.

Following an interview with fierce Trump ally Rudy Giuliani, investigators are about to speak with the Georgia Secretary of State as part of the federal probe into 2020 election interference. Plus, a senior Russian general reportedly knew about the Wagner Group's plan to march on Moscow and rebel against Russia's leadership. And, Trump has a new defense about the audio of him discussing classified documents. Also this morning: SCOTUS rejects the right wing “Independent State Legislature” legal theory, flights are grounded at three major airports in the New York City area due to storms, and superstar singer Jason Derulo joins to talk about his new book. To learn more about how CNN protects listener privacy, visit cnn.com/privacy Learn more about your ad choices. Visit megaphone.fm/adchoices

It's News Day Tuesday! Sam and Emma break down the biggest headlines of the day. First, they run through headlines on the Supreme Court's recent decision in Harper v. Moore, as well as cases on wealth tax and statute of limitations in sexual abuse cases (sorry Jim Jordan!), the US Government's intel failures leading up to January 6th, Prigozhin's makeup with Putin, the repercussions of fascist abortion policy, and Delaware's bill on giving corporations the right to vote. Sam and Emma then dive into the recently released tapes of Donald Trump very explicitly discussing his mishandling of classified documents, walking through the contents of the tape itself, and how it might impact Trump's candidacy moving forwards. Next, they look to the Supreme Court, as they break down their surprising rejection of the Independent State Legislature theory, and reflect on Jim Jordan's history in institutions of pedophilia as a new Supreme Court case potentially puts him back in the spotlight. Wrapping up the free half, they look to the recent report on the extreme unlikelihood of the Wuhan Lab Leak theory on the origins of COVID-19, and why so many centrist pundits went crazy over it. And in the Fun Half: Sam and Emma watch Jesse Watters shine in his new role as the face of fascism on Fox, really putting his own spin on the “Obama isn't American” schtick, before they parse through a little more of Tim Pool's embarrassment at the hands of Emma, first tackling his obvious smear campaign calling Emma a “pedophile” just to get the attention off of his own idiocracy. They also walk through Tim's claim to be the only true anti-imperialist, despite supporting imperialism, and his absolutely astounding comment that treaties from before he was born don't count, plus, your IMs! Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

North Carolina Legislators Propose Boilerplate Bills Suppressing Mail-in and Election Day Registration Voters Today's Script:  (Variations occur with audio due to editing for time) Today's Links now below the scriptYou're listening to the American Democracy Minute, keeping YOUR government by and for the people.We're in North Carolina today awaiting action by the U.S. Supreme Court on Moore vs. Harper, the Independent State Legislature theory test case, and we just learned about a new bill shortening mail-in ballot deadlines and implementing provisional ballots for election-day registrants.A ruling from the high court is expected this week or next on Moore v. Harper, the fringe constitutional theory that state legislatures have ultimate power over election law, even over gubernatorial vetoes and court decisions.  New anti-democracy legislation has also been filed in North Carolina, using boilerplate bills drafted by a group that Raleigh's WRAL reports is run by Cleta Mitchell, head of former President Trump's legal team attempting to overturn the results of the 2020 election.   The proposed legislation requires receipt of mail-in ballots by 7:30 pm election day, rather than the third day after, and implements two-factor identification for mail ballots.   It would allow “challenges” to voter eligibility by other precinct voters, a voter suppression tactic and a burden for election workers.   The bill also requires voters registering on election day to use a provisional ballot, and not count it until the voter's address is verified by mail or additional documents are provided.Despite little or no evidence of fraud, politicians backing such voter suppression legislation claim it allays public doubt about elections – doubt of their own making.We have more at AmericanDemocracyMinute.org, I'm Brian Beihl.Today's LinksArticles & Resources:The Guardian - US supreme court end-of-term decisions could transform key areas of public lifeThe Brennan Center for Justice - Moore v. Harper, ExplainedDemocracy Docket - North Carolina Republicans Introduce Election Bill Influenced by GOP OperativesWRAL - NC lawmakers expected to roll out major election law changes, with input from former Trump lawyerNorth Carolina Legislature - SB 747 as IntroducedGroups Taking Action:Common Cause NC, Democracy North Carolina, North Carolina Black Alliance, Action NC, League of Women Voters NC ---Please follow us on Facebook and Twitter and SHARE!  Find all of our reports at AmericanDemocracyMinute.orgGet ADM Radio Report email!  Sign up here!#Democracy  #DemocracyNews #VotingRights

Independent, investigative news, reporting, interviews and commentary

SCOTUS Hears Arguments on Dismissing Moore v. Harper; Democracy Advocates DividedToday's Script:  (Variations occur with audio due to editing for time) Today's Links now below the scriptYou're listening to the American Democracy Minute, keeping YOUR government by and for the people.Last month, the North Carolina Supreme Court reconsidered the case at the root of Moore v. Harper, overturning its own decision.  Doing so may make Harper, now under consideration by the U.S. Supreme Court, moot.   Last week, SCOTUS heard arguments for and against dismissing the case, intriguingly putting pro-Democracy groups on both sides of the fence.The North Carolina legislature argues that the “Independent State Legislature” theory gives legislatures ultimate power over federal election rules:  Over the courts and over a governor's veto. If the conservative majority of the U.S. Supreme Court should embrace the theory, its impact on voting, redistricting, campaign finance and other election rules could be devastating to American democracy as we know it.In the original SCOTUS hearing last December, liberal justices were joined by some conservative colleagues in expressing skepticism about whether the Constitution granted this power. Then, only Justices Alito, Gorsuch, and Thomas seemed supportive.  SCOTUS Blog reports that pro-democracy parties argued last week the case SHOULD be moot, EXCEPT for democracy advocate Common Cause. Likely betting on the justices' skepticism, it asked the high court to go ahead and rule on the fringe theory, rather than waiting and considering another case, perhaps an emergency challenge which could disrupt the upcoming election.  The court's decision may come between May 19th and early June. We have much more on this consequential and complicated case at AmericanDemocracyMinute.org.  I'm Brian Beihl.Today's LinksArticles & Resources:SCOTUS Blog - Moore v. HarperDemocracy Docket - (2022) Four Takeaways: Moore v. Harper Oral ArgumentPolitico - North Carolina Supreme Court clears way for partisan gerrymanderingSCOTUS Blog - In new filings, lawyers disagree over whether court should decide major election caseSlate - (Commentary) Unfortunately, the Biggest Election Case of the Supreme Court Term Could Be MootCarolina Journal - Moore v Harper parties split on whether US Supreme Court should drop caseBrennan Center - Moore v. Harper, ExplainedGroups Taking Action:North Carolina League of Conservation Voters, Common Cause North Carolina, Brennan Center for Justice, Campaign Legal Center, Please follow us on Facebook and Twitter and SHARE!  Find all of our reports at AmericanDemocracyMinute.orgGet ADM Radio Report email!  Sign up here!#Democracy  #DemocracyNews #MoorevHarper

Independent, investigative news, reporting, interviews and commentary

Independent, investigative news, reporting, interviews and commentary

Welcome to The Nonlinear Library, where we use Text-to-Speech software to convert the best writing from the Rationalist and EA communities into audio. This is: Forecasts on Moore v Harper from Samotsvety, published by gregjustice on March 20, 2023 on The Effective Altruism Forum. [edited to include full text] Disclaimers The probabilities listed are contingent on SCOTUS issuing a ruling on this case. An updated numerical forecast on that happening, particularly in light of the NC Supreme Court's decision to rehear Harper v Hall, may be forthcoming. The author of this report, Greg Justice, is an excellent forecaster, not a lawyer. This post should not be interpreted as legal advice. This writeup is still in progress, and the author is looking for a good venue to publish it in. You can subscribe to these posts here. Introduction The Moore v. Harper case before SCOTUS asks to what degree state courts can interfere with state legislatures in the drawing of congressional district maps. Versions of the legal theory they're being asked to rule on were invoked as part of the attempts to overthrow the 2020 election, leading to widespread media coverage of the case. The ruling here will have implications for myriad state-level efforts to curb partisan gerrymandering. Below, we first discuss the Independent State Legislature theory and Moore v. Harper. We then offer a survey of how the justices have ruled in related cases, what some notable conservative sources have written, and what the justices said in oral arguments. Finally, we offer our own thoughts about some potential outcomes of this case and their consequences for the future. Background What is the independent state legislature theory? Independent State Legislature theory or doctrine (ISL) generally holds that state legislatures have unique power to determine the rules around elections. There are a range of views that fall under the term ISL, ranging from the idea that state courts' freedom to interpret legislation is more limited than it is with other laws, to the idea that state courts and other state bodies lack any authority on issues of federal election law altogether. However, “[t]hese possible corollaries of the doctrine are largely independent of each other, supported by somewhat different lines of reasoning and authority. Although these theories arise from the same constitutional principle, each may be assessed separately from the others; the doctrine need not be accepted or repudiated wholesale.”1 The doctrine is rooted in a narrow reading of Article I Section 4 Clause 1 (the Elections Clause) of the Constitution, which states, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”2 According to the Brennan Center, this interpretation is at odds with a more traditional reading: The dispute hinges on how to understand the word “legislature.” The long-running understanding is that it refers to each state's general lawmaking processes, including all the normal procedures and limitations. So if a state constitution subjects legislation to being blocked by a governor's veto or citizen referendum, election laws can be blocked via the same means. And state courts must ensure that laws for federal elections, like all laws, comply with their state constitutions. Proponents of the independent state legislature theory reject this traditional reading, insisting that these clauses give state legislatures exclusive and near-absolute power to regulate federal elections. The result? When it comes to federal elections, legislators would be free to violate the state constitution and state courts couldn't stop them. Extreme versions of the theory would block legislatures from delegating their authority to officials like governors, secretaries of state, or election commissioners, who currently play important roles in administering elections.3 The doctrine, which governs the actions of state cou...

Development in the Blockbuster Moore v. Harper Independent State Legislature Case Could Signal Its EndToday's LinksArticles & Resources:Scotus Blog - Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying disputeCarolina Journal - US Supreme Court seeks information about impact of NC redistricting rehearingDemocracy Docket - U.S. Supreme Court Requests Additional Briefing in Moore v. Harper Washington Post (paywall) - Supreme Court asks for more briefs on important election-law caseBrennan Center for Justice - Moore v. Harper, ExplainedGroups Taking Action:Declaration for American Democracy, Campaign Legal Center, Common Cause North Carolina, ACLU, NAACP Legal Defense FundToday's Script:  (Variations occur with audio due to editing for time)  You're listening to the American Democracy Minute, keeping YOUR government by and for the people.There's a development in the pending blockbuster Moore v. Harper “Independent State Legislature” case in the U.S. Supreme Court, which has the court asking for additional information and COULD signal an end to the case without a decision.Moore v. Harper stems from a North Carolina gerrymandering case where the Republican legislature manipulated the state's Congressional districts for an estimated 10 to 4 advantage.   The case was ruled unconstitutional by the state's high court last year, but was appealed to the U.S. Supreme Court using a radical argument called the “independent state legislature” theory last December.  If embraced, this argument could give state legislatures ultimate control over elections, trumping state constitutions, courts and governors  – and could result in draconian voting restrictions and election rules around the country.  But In a shocking partisan ruling in February, a new, more conservative North Carolina Supreme Court agreed to rehear Harper, and is likely to reverse the decision made just last year, and instead embrace the gerrymandered maps.  That decision COULD make the Moore v. Harper moot.    March 2nd, the U.S. Supreme Court asked for additional briefs by March 20 to show what impact the state court's decision might have on Moore v. Harper.  SCOTUS Blog reports that a decision could come anytime after that date as to whether the court would proceed with the case.  We have links to articles and resources at AmericanDemocracyMinute.org. For the American Democracy Minute, I'm Brian Beihl.    

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Before we can really get into the holiday spirit, we have to deal with the lump of coal the Supreme Court heard on December 7th: Moore v. Harper. The case is about a fringe legal theory that says that when it comes to regulating elections, state legislatures can do anything they want-- even violate the state constitution-- and state courts can't intervene to stop them. It's bad, scary, foreboding, toxic, etc. Leah, Kate, and Melissa recap the arguments-- and then take a refreshing walk in a winter wonderland with this year's list of Our Favorite Things! If you're still doing your holiday shopping, we've got lots of recs.

In an all-star hearing, the Supreme Court considers a melange of legal and philosophical arguments concerning the “independent state legislature” doctrine. But first, David and Sarah revisit 303 Creative and debate the Tough (with a capital T) line between law and morality. Also: Should Judge Cannon be impeached?Out of context: “For the record, Sarah, there are Mean Girls in Dune.”Show Notes:-J. Michael Luttig for The Atlantic against the Independent State Legislature doctrine

The Supreme Court is back in session and taking on a number of hot button issues this session. To break down the latest episode, David sits down with Dahlia Lithwick of Slate. How likely is the Supreme Court to side with those pushing the Independent State Legislature doctrine? How much do our hopes hinge on Amy Coney Barrett and Brett Kavanaugh? Is masterpiece cakeshop coming back from the dead? Find out during this timely discussion. Don't miss it. Learn more about your ad choices. Visit megaphone.fm/adchoices

EPISODE 91: COUNTDOWN WITH KEITH OLBERMANN A-Block (1:44) SPECIAL COMMENT: Ludicrous or imminent, Trump and his minions are planning some sort of violent revolution, something not unlike what has percolated in Germany these last few years. Yesterday, the Germans had the presence of mind to recognize insurrection and mass violence and terrorism and revolution when they saw it. WE damn well better do the same - and fast. The Germans sent 3,000 police and Special Forces troops to arrest 25 coup plotters who planned to attack their capitol, assassinate the chancellor, take over the government. (3:00) Lost in the Trump/QAnon bluster, nobody is saying the obvious: to "terminate" the constitution or just part of it, Trump will have to foment violence. Even in the Trumpian fantasy, Biden and the military don't just stand aside because somebody decides Trump is right (7:44) This is what Arizona Congressman Paul Gosar and failed governor candidate Kari Lake endorsed yesterday. ARREST THEM. (10:53) And Trump continues to meet with plotters. The latest? A QAnon/Pizzagate lunatic named Liz Crokin, at Mar-a-Lago, Tuesday night. B-Block (16:00) EVERY DOG HAS ITS DAY: Chestnut in New York (16:52) POSTSCRIPTS TO THE NEWS: More stolen classified docs in Trump's possession; SCOTUS may actually NOT legitimize 'Independent Legislature Theory'; Putin has a 'Noah's Ark'? (20:17) IN SPORTS: The NHL's most goals in a game record is threatened, and there are more baseball signings. (22:01) THE WORST PERSONS IN THE WORLD: Jesse Watters decides girls want alcohol, the Virginia restaurant that stood up to the Bible-thumping bigots, and Sean "D-Day in December" Spicer. C-Block (26:00) THINGS I PROMISED NOT TO TELL: It is 42 years since the night John Lennon was murdered in New York. Impossibly, one of only two times I was ever a rock disc jockey, it was at the exact hour Lennon was killed. The air check of the show still exists, and it re-tells the nightmare as it unfolds in real time.See omnystudio.com/listener for privacy information.

The Supreme Court is back in session and taking on a number of hot button issues this session. To break down the latest episode, David sits down with Dahlia Lithwick of Slate. How likely is the Supreme Court to side with those pushing the Independent State Legislature doctrine? How much do our hopes hinge on Amy Coney Barrett and Brett Kavanaugh? Is masterpiece cakeshop coming back from the dead? Find out during this timely discussion. Don't miss it. Learn more about your ad choices. Visit megaphone.fm/adchoices

Democracy Disaster May Have Been Averted, But How Narrow Will the Moore vs. Harper Decision Be?Today's LinksArticles & Resources:Democracy Docket - Headed Toward a Middle Ground? Today's Argument in Moore v. Harper Center for American Progress - Supreme Court Oral Arguments in Moore v. Harper Discredit Election Theory That Could Undermine Democracy'CNN - Takeaways from Moore v. Harper, the historic Supreme Court arguments on election rules SCOTUS Blog - Court seems unwilling to embrace broad version of “independent state legislature” theory Today's Script:  (Variations occur with audio due to editing for time) You're listening to the American Democracy Minute, keeping YOUR government by and for the people.We're wrapping up our coverage of the oral arguments held Dec. 7 for  Moore vs. Harper, the U.S. Supreme Court case which could put all power for election law into the hands of state legislatures without judicial reviews or gubernatorial vetoes.In general, the justices asked skeptical questions about the North Carolina legislature's case, and tried to define what U.S. constitutional latitude that states have in creating & reviewing election law. Our early analysis yesterday was confirmed by most democracy experts.  Most of the justices were skeptical of the historical, constitutional, and practical aspects of the Independent State Legislature theory.  It appears that Justices Gorsuch and Alito are all-in on the theory, and that Justice Thomas was leaning that way.   Justices Coney-Barrett, Kavanaugh, and Roberts asked probing questions which pointed out the many weaknesses of the pro-ISL argument, but according to Democracy Docket, were suggesting some type of middle ground constitutional test which could define state legislative power.  Justices Kagen, Jackson & Sotomayor were deeply critical of the fundamental and historical of the ISL arguments.  While it appears that a democracy disaster MAY have been averted, and states will retain their state court and gubernatorial veto power over election law, we will see how narrow the court's decision might be.  A ruling is expected early next summer.    Links to analysis by leading democracy scholars can be found at AmericanDemocracyMinute.org.   For the American Democracy Minute, I'm Brian Beihl.

Dallas Woodhouse joins me to discuss the historical roots of the "Independent State Legislature" theory, and says the NC Supreme Court's actions over the past few years have done terrible damage to the court and the rule of law - which will take at least a generation to repair.    Get exclusive content here!: https://thepetekalinershow.com/See omnystudio.com/listener for privacy information.

Sam and Emma host Mark Joseph Stern, senior writer at Slate, to discuss the recent opening arguments that have come in front of the Supreme Court. First, they run through updates on today's Georgia runoff, Ukraine's offensive in Russia, another Fed interest hike, the continuing railway labor fight, and more, before diving into Kevin McCarthy exercising his beautifully weak leadership with Laura Ingraham. Mark Joseph Stern then joins as he dives right into 303 Creative v. Elenis, aka Gay Wedding Cake 2.0, exploring how Alliance Defending Freedom back Lorie Smith and 303's fight to refuse even the possibility of making a website for a same-sex wedding, changing the entire spin of her business to center her argument that allowing the use of one of her templates (not even a personalized website) is the same as a personal endorsement of the marriage. He also dives into the recent debates on the Supreme Court floor, as Alito embarrasses himself attempting to draw a parallel between being queer and being a KKK member. Next, Mark, Sam, and Emma dive into the upcoming Moore v. Harper North Carolina gerrymandering case, outlining who the actors are, how it centers on the radical “Independent State Legislature” theory, and why the GOP is even pretending to think that a state legislature can fully ignore its constitution, courts, and governor when assessing a fair election, before wrapping up with the heartwarming note of why our democracy might come down to a single vote by Amy Coney-Barrett. And in the Fun Half: Sam and Emma talk with John from San Antonio as he previews today's Georgia Runoff and reflects on the Democrats' shortcomings in the Midterms, also tackling Matt Yglesias becoming the millionth person to ask the same “just asking questions” question about trans healthcare, and talking with Marcus on military vaccinations. Hutt from Manhattan parses through the Squad largely voting against freight rail labor, Sean Row from Chicago discusses the platforming of the right, and Candace Owens responds to the Daily Wire infighting. They also briefly discuss Elon trying to keep up the spark from the Twitter files, plus, your calls and IMs! Check out Mark's work at Slate here: https://slate.com/author/mark-joseph-stern Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the ESVN YouTube channel here: https://www.youtube.com/esvnshow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: ExpressVPN: We all take risks every day when we go online, whether we think about it or not. And using the internet without ExpressVPN? That's like driving without car insurance! ExpressVPN acts as online insurance. It creates a secure, encrypted tunnel between your device and the internet so hackers can't steal your personal data. It'd take a hacker with a supercomputer over a billion years to get past ExpressVPN's encryption. And ExpressVPN is simple to use on all your devices! Just fire up the app and click one button to get protected. Secure your online data TODAY by visiting https://www.expressvpn.com/majority That's https://www.expressvpn.com/majority and you can get an extra three months FREE. Shopify: Scaling your business is a journey of endless possibility. Shopify is here to help, with tools and resources that make it easy for any business to succeed from down the street to around the globe. Go to https://shopify.com/majority for a FREE fourteen-day trial and get full access to Shopify's entire suite of features! Givewell: Many of us open our hearts and make donations during the holiday season. But when you donate, how can you feel confident that your donations are really making a big impact? GiveWell spends over 30,000 hours each year researching charitable organizations and only directs funding to a few of the HIGHEST-IMPACT, EVIDENCE-BACKED opportunities they've found.If you've never donated to GiveWell's recommended charities before, you can have your donation matched up to ONE HUNDRED DOLLARS before the end of the year or as long as matching funds last. To claim your match, go to https://givewell.org/ and pick PODCAST and enter The Majority Report with Sam Seder at checkout. Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

What Happens if the SCOTUS Majority Embraces the Independent State Legislature Theory in Moore v. Harper?Today's LinksArticles: Brennan Center for Justice - Moore v. Harper, ExplainedThe Atlantic - Is Democracy Constitutional?PBS NewsHour - How the outcome of Moore v. Harper could impact federal electionsLeague of Women Voters US - State Legislature Seeks Unchecked Power over Elections in Moore v. HarperBrookings / Democracy 21 - Democracy on the ballot—the “independent state legislature theory” will not empower state legislatures to override presidential election resultsArizona Mirror - Brnovich joins 12 other GOP AGs in ‘independent state legislature' caseGroups Taking Action:League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal Center, Declaration for American Democracy (DFAD)DFAD Rallies on Moore v Harper - "Hands Off Our Vote"Today's Script:  (Variations occur with audio due to editing for time) You're listening to the American Democracy Minute, keeping YOUR government by and for the people.December 7, the U.S. Supreme Court hears oral arguments in Moore vs. Harper, a case testing the “Independent State Legislature” theory.  So, what could happen if the majority embraces this theory?At stake is whether state legislatures have ultimate authority over elections:  Higher authority than the U.S. Constitution & statutes, higher than state supreme courts and constitutions, and higher than a Governor's veto.   The U.S. Supreme Court has already said in 2019 that only state courts have the authority to decide partisan redistricting cases.  That decision essentially greenlighted the widespread gerrymandering we saw in the 2020 redistricting process.The Brennan Center for Justice and other scholars suggest citizen ballot initiatives could be nullified.  State legislatures could ignore the U.S. or state constitution's voting rights provisions and establish unchecked barriers to voting.  Existing state laws like early voting or voting by mail could be repealed without the check of a gubernatorial veto.   Some scholars have suggested that legislatures could change the electors for a Presidential election, or overturn election results.   Democracy 21's Fred Werthheimer says this is unlikely, but  Congress should pass the Electoral Count Reform Act to close that loophole.   In short, the impact of Moore v. Harper could reshape American democracy, and it could be one of the most consequential and destructive Supreme Court decisions of our time.Find out more at American Democracy Minute.org.  For the American Democracy Minute, I'm Brian Beihl.

Melissa and Kate recap oral arguments in a couple of cases that could limit the reach of federal fraud statutes, plus an immigration case out of Texas. And of course, there's the latest story out of the New York Times, spilling the tea on a years-long effort by conservative activists to ingratiate themselves with Supreme Court justices.On December 6th, the Supreme Court will hear arguments in Moore v. Harper, a case about the independent state legislature idea/thingamajig/fantasy. We've covered it extensively, so catch up on previous episodes before the chaos is unleashed on Wednesday."Debunking the Independent State Legislature Fantasy" with Jamelle Bouie and Carolyn Shapiro"Turning Fan Fiction Into Reality" HUGE reminder that it's run-off time in Georgia. Early voting started Monday, November 28th for the December 6th election. That's TOMORROW. If you're a Georgia voter, head over to votesaveamerica.com to make your plan.And if you want to help out no matter where you live, you can donate and find remote and in-person volunteer opportunities to make sure the Warnock campaign has the resources it needs.51 senators means the difference between a true majority, or being faced with another 2 years of roadblocks like problem children Kyrsten Sinema & Joe Manchin. Make sure that every Georgia voter can make their voice heard again at  votesaveamerica.com.

Moore vs. Harper "Independent State Legislature" Case Has a Shaky FoundationToday's LinksArticles: Politico – Fraudulent Document Cited in Supreme Court Bid to Torch Election LawAppellate Advocacy Blog  – History Rewritten to Serve Selfish Ends – and Serve an ArgumentBrennan Center for Justice – Moore v. Harper, ExplainedAmerican Redistricting Project  – Timeline and Document Submissions for Moore v. HarperBrennan Center - Annotated Guide to the Amicus Briefs in Moore v. HarperScotus Blog  - Moore v. HarperThe Atlantic – Is Democracy Constitutional?Groups Taking Action:League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal CenterYou're listening to the American Democracy Minute, keeping YOUR government by and for the people.Yesterday we introduced you to Moore vs. Harper, the U.S. Supreme Court case testing the “Independent State Legislature” theory.  But the theory is rooted in the argument of one man whose document even James Madison thought was sketchy.Scholars from the Brennan Center for Justice wrote in Politico in September that the story begins at the Constitutional Convention in 1787.   Delegate Charles Pinckney of South Carolina had proposed that legislatures should elect federal representatives. His original plan was lost, but in 1818, he produced what he said was a copy.  Problem was, James Madison and other delegates said that wasn't his original proposal, and that his original proposals had been rejected.  Their suspicions were backed up by the minutes of the Constitutional Convention. Fast forward to 2022, where the North Carolina legislature cites Pickney's apparently fraudulent document as evidence that the framers intended for legislatures to have power over all federal election matters.  In fact, the Constitution only dictates that the “times, places, and manner” of congressional elections “shall be prescribed in each State by the Legislature thereof” unless Congress chooses to “make or alter” the rules.   Should the majority of our current U.S. Supreme Court buy into this shaky theory, it will have a sweeping impact on each state's elections, voter eligibility and certification procedures.  Oral arguments in the case are December 7th.We have links to details on the case and groups taking action at  AmericanDemocracyMinute.org.  For the American Democracy Minute, I'm Brian Beihl.

Worried About Your Right to Vote?  You Should Be.  Dec. 7, the U.S. Supreme Court Hears Oral Arguments on Moore v. HarperToday's LinksArticles: Brennan Center for Justice – Moore v. Harper, ExplainedBrennan Center for Justice - Explainer Video on YouTubeOfficial U.S. Supreme Court Site - Links to BriefsAmerican Redistricting Project  – Timeline and Document Submissions for Moore v. HarperThe Atlantic – Is Democracy Constitutional?Vox - The deranged Supreme Court case that threatens US democracy, explainedGroups Taking Action:League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal Center. . . . . and every other Democracy organization in the country!You're listening to the American Democracy Minute, keeping YOUR government by and for the people.On December 7, the U.S. Supreme Court will hear oral arguments in what is shaping up to be a landmark case in election law, Moore vs. Harper.  On its face it's about gerrymandering in North Carolina.  But its decision may reshape U.S. elections, giving state legislatures ultimate power over election law.  After the North Carolina legislature gerrymandered Congressional districts locking in 10 of 14 seats to the GOP, the North Carolina Supreme Court threw out the maps as unconstitutional.   But the GOP filed suit, using the “independent state legislature theory” to argue that language in the Elections Clause in the U.S. Constitution gives state legislatures ultimate authority over elections –  including redistricting, conducting elections and most alarmingly, voting rights.  The theory is based on early arguments by a minority of the framers,  and uses an interpretation of the Elections Clause that most constitutional scholars have dismissed as fringe.  Until now.  Four of the U.S. Supreme Court Justices – Alito, Thomas, Gorsuch and Kavanaugh — recently voiced support for the theory in other cases.   The positions of Chief Justice Roberts and Justice Amy Coney Barrett are still unclear. More on the roots of the Independent State Legislature theory, and its use of a document that the country's founders even thought was suspect, in our next report.  We have links to details on the case and groups taking action at  AmericanDemocracyMinute.org.For the American Democracy Minute, I'm Brian Beihl.

Melissa, Kate, and Leah preview the cases that the Supreme Court will hear in December-- from election law shenanigans, to discrimination as protected speech, to making fraud great again. 

The first time the Supreme Court flirted with Independent State Legislature doctrine, George W. Bush wound up in the presidency. Next time, if conservatives on the court get their way in an upcoming case, your vote - depending on where you live - could lose all meaning.You can now get 5-4 Premium on Spotify by visiting our website fivefourpod.com/support. There, you can sign up to join 5-4 Premium, which allows you to support the show, get access to bonus episodes, membership in our slack channel, discounts on merch, invitations to special events, and more.5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin, and our assistant producer is Arlene Arevalo. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.Follow Peter (@The_Law_Boy), Rhiannon (@AywaRhiannon) and Michael (@_FleerUltra) on Twitter. Hosted on Acast. See acast.com/privacy for more information.

Host: Ann Luther, League of Women Voters of Maine The mostly volunteer team at the League of Women Voters – Downeast who plan and coordinate this series includes: Martha Dickinson, Starr Gilmartin, Maggie Harling, Lisa Leaverton, Ann Luther, Judith Lyles, Wendilee O'Brien, Pam Person, Lane Sturtevant, Leah Taylor, Linda Washburn Panel moderator: John Brautigam, an attorney and consultant with over 25 years of experience in campaign finance and election law, public policy, advocacy, and legal representation. From 2004 to 2008 he served in the Maine legislature and was House Chairman of the Insurance and Financial Services Committee. Prior to his tenure in the legislature Mr. Brautigam served as Assistant Attorney General. He previously served as legal counsel successfully defending the constitutionality of the 1996 reforms to Maine campaign finance laws, including the Maine Clean Election Act. Brautigam is counsel for the League of Women Voters of Maine. Democracy Forum: Participatory Democracy, encouraging citizens to take an active role in government and politics This month: Many legal scholars say that the Supreme Court's decision in Moore v Harper, involving the Independent State Legislature Theory, could be one of the most important election law cases for the future of federal elections. If adopted by the Court, the most extreme versions of the theory could destabilize elections. But the Court could adopt a more limited, less disruptive version. Or the Court could decide not to adopt any version. We’ll introduce this issue and some of the potential implications of the case Moore v. Harper to be decided in 2023. Guest/s: Derek T. Muller, holds Ben V. Willie Professorship in Excellence at the University of Iowa College of Law Eliza Sweren-Becker, counsel in the Voting Rights & Elections Program at the Brennan Center for Justice To learn more about this topic: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory | The Atlantic, October, 2022 Moore v. Harper, Explained | Brennan Center for Justice, August 2022 State Legislature Seeks Unchecked Power over Elections in Moore v. Harper | League of Women Voters, League of Women Voters blog, August 2022 Unpacking the Left's Disinformation Campaign about Moore v. Harper | National Review, August, 2022 The Next Big Threat to American Democracy Is Headed to the Supreme Court | The New Republic, August 2022 Is Democracy Constitutional? | The Atlantic, July 2022 Richard Pildes' on Election Law Blog, July 2022 Derek Muller on Moore v. Harper and Independent State Legislature Doctrine | The Lawfare Podcast: July, 2022 About the host: Ann currently serves as Treasurer of the League of Women Voters of Maine and leads the LWVME Advocacy Team. She served as President of LWVME from 2003 to 2007 and as co-president from 2007-2009. In her work for the League, Ann has worked for greater public understanding of public policy issues and for the League's priority issues in Clean Elections & Campaign Finance Reform, Voting Rights, Ethics in Government, Ranked Choice Voting, and Repeal of Term Limits. Representing LWVME at Maine Citizens for Clean Elections, she served that coalition as co-president from 2006 to 2011. She remains on the board of MCCE and serves as Treasurer. She is active in the LWV-Downeast and hosts their monthly radio show, The Democracy Forum, on WERU FM Community Radio -which started out in 2004 as an recurring special, and became a regular monthly program in 2012. She was the 2013 recipient of the Baldwin Award from the ACLU of Maine for her work on voting rights and elections. She joined the League in 1998 when she retired as Senior Vice President at SEI Investments. Ann was a founder of the MDI Restorative Justice Program, 1999 – 2000, and served on its Executive Board. The post Democracy Forum 10/21/22: What's At Stake in Moore v. Harper? Gerrymandering and More first appeared on WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives.

Host: Ann Luther, League of Women Voters of Maine The mostly volunteer team at the League of Women Voters – Downeast who plan and coordinate this series includes: Martha Dickinson, Starr Gilmartin, Maggie Harling, Lisa Leaverton, Ann Luther, Judith Lyles, Wendilee O'Brien, Pam Person, Lane Sturtevant, Leah Taylor, Linda Washburn Panel moderator: John Brautigam, an attorney and consultant with over 25 years of experience in campaign finance and election law, public policy, advocacy, and legal representation. From 2004 to 2008 he served in the Maine legislature and was House Chairman of the Insurance and Financial Services Committee. Prior to his tenure in the legislature Mr. Brautigam served as Assistant Attorney General. He previously served as legal counsel successfully defending the constitutionality of the 1996 reforms to Maine campaign finance laws, including the Maine Clean Election Act. Brautigam is counsel for the League of Women Voters of Maine. Democracy Forum: Participatory Democracy, encouraging citizens to take an active role in government and politics This month: Many legal scholars say that the Supreme Court's decision in Moore v Harper, involving the Independent State Legislature Theory, could be one of the most important election law cases for the future of federal elections. If adopted by the Court, the most extreme versions of the theory could destabilize elections. But the Court could adopt a more limited, less disruptive version. Or the Court could decide not to adopt any version. We’ll introduce this issue and some of the potential implications of the case Moore v. Harper to be decided in 2023. Guest/s: Derek T. Muller, holds Ben V. Willie Professorship in Excellence at the University of Iowa College of Law Eliza Sweren-Becker, counsel in the Voting Rights & Elections Program at the Brennan Center for Justice To learn more about this topic: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory | The Atlantic, October, 2022 Moore v. Harper, Explained | Brennan Center for Justice, August 2022 State Legislature Seeks Unchecked Power over Elections in Moore v. Harper | League of Women Voters, League of Women Voters blog, August 2022 Unpacking the Left's Disinformation Campaign about Moore v. Harper | National Review, August, 2022 The Next Big Threat to American Democracy Is Headed to the Supreme Court | The New Republic, August 2022 Is Democracy Constitutional? | The Atlantic, July 2022 Richard Pildes' on Election Law Blog, July 2022 Derek Muller on Moore v. Harper and Independent State Legislature Doctrine | The Lawfare Podcast: July, 2022 About the host: Ann currently serves as Treasurer of the League of Women Voters of Maine and leads the LWVME Advocacy Team. She served as President of LWVME from 2003 to 2007 and as co-president from 2007-2009. In her work for the League, Ann has worked for greater public understanding of public policy issues and for the League's priority issues in Clean Elections & Campaign Finance Reform, Voting Rights, Ethics in Government, Ranked Choice Voting, and Repeal of Term Limits. Representing LWVME at Maine Citizens for Clean Elections, she served that coalition as co-president from 2006 to 2011. She remains on the board of MCCE and serves as Treasurer. She is active in the LWV-Downeast and hosts their monthly radio show, The Democracy Forum, on WERU FM Community Radio -which started out in 2004 as an recurring special, and became a regular monthly program in 2012. She was the 2013 recipient of the Baldwin Award from the ACLU of Maine for her work on voting rights and elections. She joined the League in 1998 when she retired as Senior Vice President at SEI Investments. Ann was a founder of the MDI Restorative Justice Program, 1999 – 2000, and served on its Executive Board. The post Democracy Forum 10/21/22: What's At Stake in Moore v. Harper? Gerrymandering and More first appeared on WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives.

The Supreme Court is back in session. According to Ian Milhiser of Vox, “The Supreme Court's new term could be even more consequential than its last one.”  “A single case, Moore v. Harper” Millhiser writes, “threatens to fundamentally rewrite the rules governing federal elections, potentially giving state legislatures…nearly limitless power to skew those elections.”  A right-wing legal organization based out of Wisconsin, the Institute for Law and Liberty, is suing the Biden administration over plans to cancel some student debt.  Because the Biden administration has stated that his student loan cancelation plan will help narrow the racial wealth gap and advance racial equity, the Institute for Law and Liberty argues that the action constitutes an “improper racial motive.”  Biden announced that he is pardoning thousands of people convicted of simple possession of marijuana, saying in a statement that “Too many lives have been upended because of our failed approach to marijuana. It's time that we write these wrongs.” The executive action will apply to more than 6,500 people convicted of simple possession under federal law or under the D.C. code.  Reporting in the Atlantic, Robinson Meyer gives an uncharacteristically upbeat report on how the Inflation Reduction Act could prove to have a much bigger effect on a shift to a post-carbon economy than most people expected. That comes in response to a surprisingly cheery report by the investment bank Credit Suisse.  Hundreds of youth activists from the global South gathered in Tunisia to prepare for a collective fight for justice and demand climate action at next month's COP27 meeting in Egypt.  As promised, the ACLU filed a lawsuit against the Central Bucks School District arguing that the district is creating a hostile environment for LGBTQ students. We're waiting to see when we see similar moves against Pennridge.  The Children's Hospital of Philadelphia (CHoP) and other major medical groups are urging the U.S Department of Justice to investigate threats of violences against the hospital because of they provide care to transgender children.  While the right-wing yams on about teachers unions' influence on elections, it turns out that one man - Jeffrey Yass - has spent more than 5 times what PSEA has spent during 2022. Yass's spending consistently dwarfs that of teachers unions as shown by Philly Power Research..  There will be a protest in Philly next Thurs. 10/13 @ 11:30am to protest Jeff Yass' ongoing funding of far right politicians and efforts to redirect resources from public to private schools. The protest will take place outside Yass'sSusquehanna International Group's City Ave office 401 City Ave 220, Bala Cynwyd, PA 19004. You can get all the details here: https://www.mobilize.us/pa-wfp/event/523232/ Got my COVID booster and have I got a story for you.

Today's LinksArticles: Brennan Center for Justice - Moore v. Harper, ExplainedThe Atlantic - Is Democracy Constitutional?Politico - Supreme Court to hear 2 cases with major implications for 2024PBS NewsHour - How the outcome of Moore v. Harper could impact federal elections League of Women Voters US - State Legislature Seeks Unchecked Power over Elections in Moore v. HarperArizona Mirror - Brnovich joins 12 other GOP AGs in ‘independent state legislature' caseGroups Taking Action:League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal Center, You're listening to the American Democracy Minute, keeping YOUR government by and for the people.We've been spending time this week on the origins & outline of Moore vs. Harper, the important Supreme Court case testing a fringe Constitutional doctrine called the “Independent State Legislature” theory.  If embraced by the majority, it could alter American Democracy as we've known it for 235 years.At stake is whether state legislatures have ultimate authority over elections:  Higher authority than federal statutes and courts, higher than state supreme courts, and higher than a Governor's veto.    The U.S. Supreme Court has already said in 2019 that only state courts have the authority to decide partisan redistricting and gerrymandering cases.  That decision essentially greenlighted widespread gerrymandering in the 2020 redistricting process.The Brennan Center for Justice and other scholars suggest that with unchecked power, legislatures could change the slate of electors for a Presidential election, or overturn election results.  Ballot initiatives could be nullified.  State legislatures could ignore the U.S. or state constitution's voting rights provisions and establish new, more draconian barriers to voting.  Existing state laws like early voting or voting by mail could be repealed without the check of a gubernatorial veto.  In short, the impact of Moore v. Harper could reshape American democracy, and it could be one of the most consequential and destructive Supreme Court decisions of our time.More on the case and groups taking action can be found at American Democracy Minute.org.  For the American Democracy Minute, I'm Brian Beihl.

"Independent State Legislature" Case Cites Document that Scholars Say May be Fraudulent Today's LinksArticles: Politico - Fraudulent Document Cited in Supreme Court Bid to Torch Election LawAppellate Advocacy Blog  - History Rewritten to Serve Selfish Ends – and Serve an ArgumentBrennan Center for Justice - Moore v. Harper, ExplainedAmerican Redistricting Project  - Timeline and Document Submissions for Moore v. HarperPolitico - Supreme Court to hear 2 cases with major implications for 2024The Atlantic - Is Democracy Constitutional?Groups Taking Action:League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal CenterYou're listening to the American Democracy Minute, keeping YOUR government by and for the people.Yesterday, we introduced you to a landmark case in election law before the U.S. Supreme Court called Moore vs. Harper, testing the “Independent State Legislature theory.  But it's rooted in the argument of one man whose document  even James Madison thought was sketchy.Scholars from the Brennan Center for Justice wrote in Politico in September that the story begins at the Constitutional Convention in 1787.   Delegate Charles Pinckney of South Carolina had proposed that legislatures should elect federal representatives. His original plan was lost, but in 1818, he produced what he said was a copy.  Problem was, James Madison and other delegates said that wasn't his original proposal, and that his original proposals had been rejected.  Their suspicions were backed up by the minutes of the Constitutional Convention. Fast forward to 2022, where the North Carolina legislature cites Pickney's apparently fraudulent document as evidence that the framers intended for legislatures to have power over all federal election matters.  In fact, the Constitution only dictates that the “times, places, and manner” of congressional elections “shall be prescribed in each State by the Legislature thereof” unless Congress chooses to “make or alter” the rules.   Should the majority of our current U.S. Supreme Court buy into this shaky theory, it will have a sweeping impact on each state's elections, voter eligibility and certification procedures.   More on that impact in our next report. We have links to details on the case and groups taking action at  AmericanDemocracyMinute.org.  For the American Democracy Minute, I'm Brian Beihl.

The Moore vs. Harper "Independent State Legislature Theory" Case May Have Dramatic Consequences for American DemocracyToday's LinksArticles: Brennan Center for Justice - Moore v. Harper, ExplainedAmerican Redistricting Project  - Timeline and Document Submissions for Moore v. HarperPolitico - Supreme Court to hear 2 cases with major implications for 2024The Atlantic - Is Democracy Constitutional?Groups Taking Action: League of Conservation Voters NC, Common Cause NC, Democracy Docket, Campaign Legal CenterYou're listening to the American Democracy Minute, keeping YOUR government by and for the people.This fall, the U.S. Supreme Court will hear oral arguments in what is shaping up to be a landmark case in election law, Moore vs. Harper.  On its face it's about gerrymandering in North Carolina.  But its decision may reshape U.S. elections, giving state legislatures ultimate power over election law.  After the North Carolina legislature gerrymandered Congressional districts locking in 10 of 14 seats to the GOP, the North Carolina Supreme Court threw out the maps as unconstitutional.   But the GOP filed suit, using the “independent state legislature theory” to argue that language in the Elections Clause in the U.S. Constitution gives state legislatures ultimate authority over elections -  including redistricting, conducting elections and most alarmingly, voting rights.   The theory is based on early arguments by a minority of the framers,  and uses an interpretation of the Elections Clause that most constitutional scholars have dismissed as fringe.  Until now.   Four of the U.S. Supreme Court Justices – Alito, Thomas, Gorsuch and Kavanaugh — recently voiced support for the theory in other cases.   The positions of Chief Justice Roberts and Justice Amy Coney Barrett are still unclear. More on the roots of the Independent State Legislature theory, and its use of a document that the country's founders even thought was suspect, in our next report.  We have links to details on the case and groups taking action at  AmericanDemocracyMinute.org.Granny D said, “Democracy is not something we HAVE, it's something we DO!”  For the American Democracy Minute, I'm Brian Beihl.

Sam and Emma host writer Shon Faye to discuss her recent book The Transgender Issue: Trans Justice Is Justice For All. Then, Sam and Emma are joined by Representative Ilhan Omar of Minnesota's 5th Congressional District to discuss President Biden's recent student loan debt forgiveness plan, as well as many of the other crazy goings-on on Capitol Hill. Emma and Sam first run through updates on Hurricane Fiona's devastation of Puerto Rico's electric grid, confirmation that DHS agents falsified information for DeSantis' human trafficking stunt, where the “Independent State Legislature” theory really comes from, and Donald Trump's invocation of a Q-Anon anthem, coming with full salutes from the audience. Shon Faye then joins as she gets right into why she chose to take on the discourse trojan horse of the “Trans Issue,” walking through how it abstracts the complex role of being a minority in society in favor of the anxiety that their existence supposedly promotes, and looking at how its role in the UK, contrary to the US' Christian-nationalist lead fight, was fronted by coalescence of conservative transphobia and liberal “respectability” claims of paternalist protection of women and children, with these reactionary ideologies coming together to campaign against even the most gentle of pro-trans legislation. Next, Faye walks through the belief that guides her book; why the liberation of trans people would benefit everyone in society – exploring the institutional paths through which trans people are materially oppressed, and how tackling poor housing, medical inequality, and discrimination would benefit classes and social groups well beyond the LGBTQ+ community. She, Sam, and Emma, then parse through the specifics of trans oppression in the “west,” carefully taking on how trans people are pushed out of legitimate occupations and into black-market economies, erased from community-oriented spaces by state-backed legislation, used as complications in the prison industry despite the violence they face in mass incarceration, and constantly pathologized when attempting to secure potentially life-saving medical procedures. Wrapping up, they tackle the growing role of “children” in transphobic and homophobic discourse, why kids face much bigger risks in being exposed to bigotry than “being queer,” and the absurdity of “trans-ing” as a concept. Then, Ilhan Omar joins as she gives some behind-the-scenes insight and progressive foresight on various topics from Biden's student debt relief, an upcoming vote on marriage equality, the potential of a government shutdown in the wake of the upcoming continuing resolution, the future of Democratic and progressive leadership and intra-party dealmaking, and more! And in the Fun Half: Sam and Emma talk with John from San Antonio as we head into our last 50 days before the midterms, Ro Khanna goes on Counterpoints, and JR Majewski celebrates Predator Trump. Ted Cruz and Sean Hannity discuss Ron DeSantis' “human trafficking,” and Bill Maher gets pissy with people for judging humanity's past (lest we forget, we've all stolen gum, eaten dirt, and did a triangle slave trade), plus, your calls and IMs! Check out Shon's book here: https://www.versobooks.com/books/4061-the-transgender-issue Follow Rep. Omar on Twitter here: https://twitter.com/ilhanmn Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Check out ESVN's YouTube channel here! https://www.youtube.com/c/ESVNShow Subscribe to the AMQuickie newsletter here: https://am-quickie.ghost.io/ Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Get the free Majority Report App!: http://majority.fm/app Check out today's sponsors: Aura: Protect yourself from America's fastest-growing crime. Try Aura for 14 days for free: https://aura.com/majority StoryWorth: StoryWorth is an online service that helps every other figure in your life share stories through thought-provoking questions about their memories and personal thoughts. Get started right away with no shipping required by going to https://storyworth.com/majority you'll get $10 of your first purchase! Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Check out Ava Raiza's music here! https://avaraiza.bandcamp.com/ The Majority Report with Sam Seder - https://majorityreportradio.com/

With guests Jamelle Bouie and Carolyn Shapiro, Kate and Leah analyze the fan fiction that is the Independent State Legislature "Theory" (emphasis on the quotation marks), which threatens to take the main stage in an upcoming case about the power of state legislatures to set rules for federal elections. 

In which we launch the new Juice Media Podcast format for Season 3, and talk about the US Supreme Court and it's plans for the 2024 election. Feat. PixelsmixelThis is the podcast companion to our latest Honest Government Ad about the US Supreme Court - SCOTUSYou can also view this episode of the podcast on our YouTube channel (Video coming soon).

Welcome back to Carolina Democracy! Today, we're joined by Christy Clark of Mecklenburg County to discuss her campaign for North Carolina House District 98. Plus, we review some testimony from a recent Congressional hearing on the radical Independent State Legislature theory.Learn More About Christy Clark:Website: christyclarknc.comFacebook: @christyclarkncTwitter: @ChristyClarkNCOther Resources: The New North Carolina Project: newnorthcarolinaproject.orgThe New Rural Project: newruralproject.orgDemocracy Docket: democracydocket.comIndependent Legislature Doctrine: Democracy Docket Resource PageCarolina Forward:Legislative SlateJustice SlateContact Us: jd@carolinademocracy.comFollow Us:YouTube: Carolina DemocracyFacebook: @CarolinaDemocracyInstagram: @carolinademocracy

At the end of its past term, the Supreme Court took up the case of Moore v. Harper, a challenge to North Carolina State Supreme Court rulings on elections that promises to confront the controversial independent state legislature doctrine, which argues that the Constitution empowers state legislatures over other state institutions when it comes to deciding certain election matters. Court watchers have posited that the decision could be a major one, as upholding the independent state legislature doctrine could not only hinder the state judicial enforcement of various election-related rights, but potentially strengthen arguments that state legislatures can decide how to allocate their state's electors in presidential elections, a contention that played a central role in some of the legal machinations that former President Donald Trump supporters attempted to pursue following the 2020 election in order to turn the results in his favor. To better understand what exactly is at stake in Moore v. Harper, Scott R. Anderson spoke to Derek Muller, a professor at the University of Iowa College of Law and a leading election law expert. They discussed what the independent state legislature doctrine may look like in practice, how it intersects with congressional and presidential elections, and what Moore v. Harper does and doesn't mean for the security of U.S. elections moving forward. Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

In June, the Supreme Court agreed to hear Moore v. Harper, a case out of North Carolina about the power of state courts to review election regulations set by state legislatures. At the heart of the case is the so-called “independent state legislature” theory, which has gained popularity in some limited circles. The Supreme Court will now directly address it when it hears arguments in the case next term. Joining us to examine the arguments for and against the independent state legislature theory is Vikram Amar, dean of Illinois College of Law and co-author of an article in the Supreme Court Review that's critical of the theory; and Jason Torchinsky, partner at Holtzman Vogel, and author of an amicus brief in Moore v. Harperon the side of North Carolina, on behalf of the National Republican Redistricting Trust. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  Check out What is the “Independent State Legislature Doctrine”? – Part 1 from March 2022. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today's conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Courts Ordered Undated PA Mail Ballots to Be Counted; 3 Counties RefusedToday's Links:Marc Elias essay on Democracy Docket:  A Constitutional Crisis Is Brewing in PennsylvaniaProf. Derek Muller, Univ. of Iowa on Election Law Blog:  Is mandamus appropriate in the Pennsylvania certification dispute, Chapman v. Berks County Board of Elections? Phildelphia Inquirer  Pennsylvania's in an election results certification crisis over the primary, and the state just sued three countiesGroups Taking Action:   ACLU of PA,  League of Women Voters of PA, Democracy Docket You're listening to the American Democracy Minute, keeping YOUR government by and for the people.Remember the undated mail ballot cases in Pennsylvania?  Federal courts mandated the ballots be counted, overriding state law.  Sixty-four counties followed the court's order after the May 17th primary.  Three counties did not. Pennsylvania's legislature passed a law after the 2020 election disallowing the counting of mail ballots with no date.   Ultimately, the Third Circuit Federal Court ruled in a local county case that the date was immaterial, and the ballots must be counted. In a similar case during the state primary between Dr. Oz/David McCormick the courts also ordered undated ballots to be counted.   But three counties have refused to comply, arguing they believed the state lacks the power to force these kinds of counting orders.  A Democracy Docket commentary by voting rights attorney Marc Elias raises questions on what this could mean for future elections.  If election officials put partisan aims over their duty to run a fair election, wielding rules like Pennsylvania's “no-date” rule to keep votes from counting could be used to suppress votes and shift elections.   Lurking in the shadows of all such state voting rights cases is the North Carolina U.S. Supreme Court case which may test the Independent State Legislature theory, giving state legislatures ultimate control over elections – and rules like not counting undated ballots. The Elias Democracy Docket essay and another Election Law Blog article by Professor Derek Muller on the subject are linked at AmericanDemocracyMinute.orgGranny D said “Democracy is not something we have, it's something we DO.”  For the American Democracy Minute, I'm Brian Beihl.

The U.S. Supreme Court will consider the legal validity of the "Independent State Legislature" theory; Nebraska is now in year three of a prison overcrowding emergency; the push is on for NC to adopt new heavy-duty electric-vehicle rules by the end of next year.

The U.S. Supreme Court will consider the legal validity of the "Independent State Legislature" theory; Nebraska is now in year three of a prison overcrowding emergency; the push is on for NC to adopt new heavy-duty electric-vehicle rules by the end of next year.

The term is over, and the ground upon which all Americans stood, has fundamentally shifted. Dahlia Lithwick is joined by Professor Dorothy Roberts to discuss the reality of forced birth and family separation upon marginalized peoples in America. Dorothy is the author of Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World, and of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty. Then, Dahlia talks to Amy Westervelt of Drilled podcast to find out what West Virginia v EPA means for climate action, and the places the Biden Administration could still make progress.  For a behind the scenes look into some of the articles we read when we create the show, check out our Pocket collection at http://getpocket.com/slate.  Slate plus listeners will also have access to Dahlia's conversation with Mark Joseph Stern, where they dig into some of the cases we couldn't reach in the main show, including the Remain in Mexico decision and the alarming implications of the court taking up Moore v. Harper, which is all about the Independent State Legislature theory.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

The term is over, and the ground upon which all Americans stood, has fundamentally shifted. Dahlia Lithwick is joined by Professor Dorothy Roberts to discuss the reality of forced birth and family separation upon marginalized peoples in America. Dorothy is the author of Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World, and of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty. Then, Dahlia talks to Amy Westervelt of Drilled podcast to find out what West Virginia v EPA means for climate action, and the places the Biden Administration could still make progress.  For a behind the scenes look into some of the articles we read when we create the show, check out our Pocket collection at http://getpocket.com/slate.  Slate plus listeners will also have access to Dahlia's conversation with Mark Joseph Stern, where they dig into some of the cases we couldn't reach in the main show, including the Remain in Mexico decision and the alarming implications of the court taking up Moore v. Harper, which is all about the Independent State Legislature theory.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

It's Casual Friday! Sam and Emma host Heather Digby Parton, contributing writer at Salon.com and proprietor of the blog Hullabaloo to round up the week in news. First, Sam and Emma dive into SCOTUS officially taking out a chunk from the administrative state, Biden's decision to nominate an anti-abortion judge to a federal bench, and the Republican desire to tell us that Dobbs changed nothing. Then, Digby joins as they get right into this week as a culmination of, at a MINIMUM, the last six years, assessing the decisions on Roe, gun control, and the EPA, and to hear a case next session on states' rights to send alternate electors despite vote tallies. Diving deeper into the state of the conservative court's commitment to the Independent State Legislature doctrine they explore Kavanaugh first citing this theory in 2020 via shadow docket as the culmination of minoritarian control, before getting into the reactions from the right and the surprise at their clear fear of electoral backlash. Next, they expand on the repercussions we're already seeing from the overturn of Roe, largely centered on the unreliability of exceptions, and whether doctors can take a risk that will jeopardize their career and freedom, and look to the Democrats', once again, stone-cold inaction, doing less in the wake of the biggest rollback of rights in US history than they did for anti-abortion Democrat Henry Cuellar. They wrap up the interview by assessing the obvious extremism in the Republican party, from Supreme Court Justice Clarence Thomas' recent statements that aborted babies can be found in the COVID-19 vaccine to everything we've seen at the 1/6 hearings, and the refusal of Biden to even consider his opposition anything but respectable as very representative of Democrats' messaging impotence. And in the Fun Half: Sam and Emma discuss Biden putting the feelers out for a second presidential campaign as Harris' replacement lane gets narrower and narrower, Liz Cheney has a congressional debate with a bunch of conspiracy theorists, and Jeff from Atlanta expands the discussion on Biden's anti-abortion judicial nomination. Dave Rubin proclaims himself as the “should-be conservative hero,” and Mike Cernovich confronts his demons and says, respectfully, no! Johnny from Houston talks calling racists racist, Pat the Hippie explores the future of Minnesotan politics, and Donald Trump takes responsibility for DeSantis' success (sowing the seeds of his own replacement!), plus, your calls and IMs! Become a member at JoinTheMajorityReport.com: https://fans.fm/majority/join Subscribe to the AMQuickie newsletter here:  https://madmimi.com/signups/170390/join Join the Majority Report Discord! http://majoritydiscord.com/ Get all your MR merch at our store: https://shop.majorityreportradio.com/ Check out today's sponsors: sunsetlakecbd is a majority employee owned farm in Vermont, producing 100% pesticide free CBD products. Great company, great product and fans of the show! Use code Leftisbest and get 20% off at http://www.sunsetlakecbd.com. And now Sunset Lake CBD has donated $2500 to the Nurses strike fund, and we encourage MR listeners to help if they can. Here's a link to where folks can donate: https://forms.massnurses.org/we-stand-with-st-vincents-nurses/ History Is US: “History is US”… an important 6-part documentary podcast series hosted by award-winning Princeton University professor Dr. Eddie Glaude, journeys back to face the truths about race at the heart of the American story. Listen to “History is US” a presentation of Shining City Audio, C13 Originals, and Jon Meacham studio. Available now, wherever you listen to your podcasts. Support the St. Vincent Nurses today! https://action.massnurses.org/we-stand-with-st-vincents-nurses/ Check out Matt's show, Left Reckoning, on Youtube, and subscribe on Patreon! https://www.patreon.com/leftreckoning Subscribe to Matt's other show Literary Hangover on Patreon! https://www.patreon.com/literaryhangover Check out The Nomiki Show on YouTube. https://www.patreon.com/thenomikishow Check out Matt Binder's YouTube channel: https://www.youtube.com/mattbinder Subscribe to Brandon's show The Discourse on Patreon! https://www.patreon.com/ExpandTheDiscourse Check out The Letterhack's upcoming Kickstarter project for his new graphic novel! https://www.kickstarter.com/projects/milagrocomic/milagro-heroe-de-las-calles Subscribe to Discourse Blog, a newsletter and website for progressive essays and related fun partly run by AM Quickie writer Jack Crosbie. https://discourseblog.com/ Subscribe to AM Quickie writer Corey Pein's podcast News from Nowhere. https://www.patreon.com/newsfromnowhere  Follow the Majority Report crew on Twitter: @SamSeder @EmmaVigeland @MattBinder @MattLech @BF1nn @BradKAlsop Check out AidAccess here: https://aidaccess.org/ The Majority Report with Sam Seder - https://majorityreportradio.com/

This episode presents Part 2 of our series on the grave threat that “Independent State Legislature” theory presents to the Republic, and why it is completely, irrefutably wrong.  We welcome Dean Vikram Amar, who co-authored with Akhil their current article, about to be published in Supreme Court Review, which is already widely cited in the media and in forthcoming articles by other scholars.  This article attempts to put to rest ISL theory by showing how it is wrong from every conceivable angle of analysis.  We take up that analysis, beginning with the text, history, and structure of the Constitution, and then through an ingenious analysis of actual practice.  We have been saying that this issue is coming, and by all accounts, it's here. 

Lala Wu, the Executive Director of the Sister District Project, discusses the historic confirmation hearings for Judge Ketanji Brown Jackson, and the impact and importance of having diverse representation at all levels of government. We also discuss the status of the Republican long-game to undermine democracy, specifically as it relates to redrawing congressional maps. Recently, Republicans attempted to apply a fringe constitutional theory called Independent State Legislature doctrine to further weaken voting rights in a few key states; Lala Wu explains why this strategy failed in the short-term, but may be a concern in the long run. Listen to All Electorette Episodes https://www.electorette.com/podcast Support the Electorette Rate & Review on iTunes: https://apple.co/2GsfQj4 Support Electorette on Patreon for $2/month: http://bit.ly/Electorette-Patreon Also, if you enjoy the Electorette, please subscribe and leave a 5-star review on iTunes. Also, please spread the word by telling your friends, family and colleagues about The Electorette! Want to support the Electorette so that we can bring you more great episodes? You can help us produce more episodes with just $2/per month on Patreon. Every bit helps! Patreon.com/Electorette WANT MORE ELECTORETTE? Follow the Electorette on social media. Electorette Facebook Electorette Instagram Electorette Twitter Learn more about your ad choices. Visit megaphone.fm/adchoices

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Independent investigative journalism, broadcasting, trouble-making and muckraking with Brad Friedman of BradBlog.com

Aughie explains two clauses in the U.S. Constitution: Article II, Section 1 (the electors clause) and Article 1, Section 4 (the elections clause). Recent SCOTUS cases have called the meaning of "legislature" in these clauses into question.

Jamelle Bouie thinks the "independent legislature doctrine" is "bunk." Is this true? Not so fast, but just like his last piece, there is a bit of truth--and a lot of lies--to his conclusion. https://mcclanahanacademy.com https://brionmcclanahan.com/support http://learntruehistory.com --- Send in a voice message: https://anchor.fm/brion-mcclanahan/message Support this podcast: https://anchor.fm/brion-mcclanahan/support

Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states' maps had been redrawn by state courts, overriding maps that had been enacted by the states' Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they're ready to address the doctrine at the heart of the cases: the independent state legislature theory. To unpack all that's at stake—and explain what that theory is and what effect, if implemented, it could have on the power of state courts to review actions by state legislatures in regulating elections—Jeffrey Rosen moderates a conversation with two constitutional law experts: Vikram Amar, dean and Iwan Foundation Professor of Law at Illinois College of Law and co-author of Constitutional Law: Cases and Materials; and Evan Bernick, assistant professor at the Northern Illinois University College of Law and co-author of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today's conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states' maps had been redrawn by state courts, overriding maps that had been enacted by the states' Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they're ready to address the doctrine at the heart of the cases: the independent state legislature theory. To unpack all that's at stake—and explain what that theory is and what effect, if implemented, it could have on the power of state courts to review actions by state legislatures in regulating elections—Jeffrey Rosen moderates a conversation with two constitutional law experts: Vikram Amar, dean and Iwan Foundation Professor of Law at Illinois College of Law and co-author of Constitutional Law: Cases and Materials; and Evan Bernick, assistant professor at the Northern Illinois University College of Law and co-author of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.   The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today's conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.