Podcasts about independent state legislature theory

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Best podcasts about independent state legislature theory

Latest podcast episodes about independent state legislature theory

American Democracy Minute
Episode 786: Michigan GOP’s ‘Independent State Legislature Theory’ Case Rebuffed by U.S. Supreme Court

American Democracy Minute

Play Episode Listen Later May 22, 2025 1:30


The American Democracy Minute Radio News Report & Podcast for May 23, 2025Michigan GOP's ‘Independent State Legislature Theory' Case Rebuffed by U.S. Supreme CourtThe “Independent State Legislature Theory” met a skeptical U.S. Supreme Court in 2023 in Moore v. Harper, a North Carolina gerrymandering case. The Michigan GOP tried to employ the fringe theory to undo Michigan's Question 2 citizen initiative, but the U.S. Supreme Court refused the case May 19th.Some podcasting platforms strip out our links.  To read our resources and see the whole script of today's report, please go to our website at https://AmericanDemocracyMinute.orgToday's LinksArticles & Resources:Brennan Center for Justice - Moore v. Harper, Explained American Democracy Minute - SCOTUS Hears Arguments on Dismissing Moore v. Harper; Democracy Advocates DividedAmerican Democracy Minute - (2022) Citizen Initiative Protecting Voting Rights Passes in MichiganMichigan Advance - GOP lawmakers petition U.S. Supreme Court to hear case against Michigan election laws Campaign Legal Center - (2022)  What Voters Need to Know About the Independent State Legislature TheoryBridge Michigan via Votebeat - US Supreme Court rejects Michigan GOP bid to overturn new voting rulesGroups Taking Action:Michigan Alliance for Retired Americans,  Detroit Downriver A. Phillip Randolph Institute, Detroit Disability PowerRegister or Check Your Voter Registration:U.S. Election Assistance Commission – Register And Vote in Your StatePlease follow us on Facebook and Bluesky Social, 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#News #Democracy  #DemocracyNews #ProtectElections #ProtectPollWorkers

The Daily Beans
Reservoir Of Trust (feat. Jen Rubin)

The Daily Beans

Play Episode Listen Later Jan 22, 2025 69:37


Wednesday, January 22nd, 2025Today, Trump rescinds Biden orders and signs a slew of new executive orders; 24 states and cities have sued over Trump ending birthright citizenship; Trump's interim chief overseeing Capitol riot cases has begun dropping cases; Trump has pardoned just about all of the January 6th insurrectionists; Senators have received an affidavit from Pete Hegseth's sister in law warning about his volatile and abusive nature; the Supreme Court declines to hear a Republican voter suppression request from Montana; Trump has removed the first woman Coast Guard commandant without cause; the Episcopal Bishop of Washington urged Donald Trump to show mercy to marginalized communities at the inaugural prayer service; and Allison delivers your Good News.Thank You Naked WinesGo to NakedWines.com/DAILYBEANS with the code AND password DAILYBEANS for six bottles of wine for $39.99.Thank You HomeChefFor a limited time, HomeChef is offering you 18 Free Meals PLUS Free Dessert for Life and of course, Free Shipping on your first box! Go to HomeChef.com/DAILYBEANS.Guest: Jen RubinThe Contrarian | Jen Rubin and Norm Eisen | SubstackBlue Sky - The Contrarian - @contrariannews.org Blue Sky - @jenrubinStories:WATCH: Episcopal bishop asks Trump 'to have mercy' on LGBTQ+ communities and immigrants (PBS | YouTube)Senators receive affidavit containing new allegations against Pete Hegseth, who denies the claims (Julie Tsirkin, Sarah Fitzpatrick, Courtney Kube | NBC News)'We don't have a statement': Massive pro-Trump police union ducks comment after J6 pardons - Raw Story (Matthew Chapman | Raw Story)24 Democratic states and cities sue over Trump's bid to end birthright citizenship (Devan Cole, Kara Scannell, Priscilla Alvarez, Tierney Sneed | CNN Politics)UPDATED: Adm. Linda Fagan Removed as Coast Guard Commandant (Heather Mongilio | USNI News)SCOTUS Declines to Hear GOP Request in Montana Voter Suppression Lawsuit  (Democracy Docket)Good TroubleUrge President Trump and Congress to Prevent Cuts to SNAP and Protect Nutrition Security Programs! | SF Marin Food BankWatch DutyWatch Duty Fire Public Safety Information (App)Cal FireIncidents | CAL FIREHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/From The Good NewsThe Los Angeles Equestrian Center Check out other MSW Media podcastshttps://mswmedia.com/shows/Subscribe for free to MuellerSheWrote on Substackhttps://muellershewrote.substack.comFollow AG and Dana on Social MediaDr. Allison Gill Substack|Muellershewrote, Twitter|@MuellerSheWrote, Threads|@muellershewrote, TikTok|@muellershewrote, IG|muellershewrote, BlueSky|@muellershewroteDana GoldbergTwitter|@DGComedy, IG|dgcomedy, facebook|dgcomedy, IG|dgcomedy, danagoldberg.com, BlueSky|@dgcomedyHave some good news; a confession; or a correction to share?Good News & Confessions - The Daily Beanshttps://www.dailybeanspod.com/confessional/ Listener Survey:http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=shortFollow the Podcast on Apple:The Daily Beans on Apple PodcastsWant to support the show and get it ad-free and early?Supercasthttps://dailybeans.supercast.com/Patreon https://patreon.com/thedailybeansOr subscribe on Apple Podcasts with our affiliate linkThe Daily Beans on Apple Podcasts

American Democracy Minute
Episode 687: Federal Court of Appeals Throws Out GOP Legislator Challenge to Michigan’s Prop 2 Pro-Voter Reforms. But Sleep with the Light On.

American Democracy Minute

Play Episode Listen Later Jan 2, 2025 1:30


The American Democracy Minute Radio Report & Podcast for Jan. 3, 2025Federal Court of Appeals Throws Out GOP Legislator Challenge to Michigan's Prop 2 Pro-Voter Reforms.  But Sleep with the Light On.In November 2022, Michigan voters passed a constitutional amendment enshrining voting protections and expanding ballot access. After the legislature implemented the voters' directive, GOP legislators sued, claiming that only the legislature could make such changes.  To view the whole script of today's report, please go to our website.Today's LinksArticles & Resources:American Democracy Minute - Michigan a Democracy Bright Spot as it Implements Proposition 2 Constitutional Amendment Protecting and Expanding Voting RightsAmerican Democracy Minute - Michigan Case Which Used the ‘Independent State Legislature Theory' to Challenge Voting Rights Ballot Questions is Thrown OutU.S. Sixth Circuit Court of Appeals - Decision in the Appeal from the United States District Courtfor the Western District of Michigan at Grand Rapids.SCOTUS Blog - (2023) Supreme Court rules against North Carolina Republicans over election law theoryAmerican Democracy Minute - Moore v. Harper Hangover:  SCOTUS Decision OKs Court Review, but Also Cracks the Door for a Weaker Version of the Independent State Legislature TheoryGroups Taking Action:Michigan Alliance for Retired Americans,  Detroit Downriver A. Phillip Randolph Institute, Detroit Disability PowerRegister or Check Your Voter Registration:U.S. Election Assistance Commission – Register And Vote in Your StatePlease follow us on Facebook and Bluesky Social, 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 #ISLTheory #MoorevHarper #Michigan #VotingRights #DemocracyReform

Law and Chaos
Ep 78 — The Independent State Legislature Theory Is Back Bigly

Law and Chaos

Play Episode Listen Later Oct 29, 2024 55:09


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

American Democracy Minute
Episode 499: Michigan Case Which Used the ‘Independent State Legislature Theory’ to Challenge Voting Rights Ballot Questions is Dismissed

American Democracy Minute

Play Episode Listen Later Apr 11, 2024 1:30


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

Unreasonable
Unreasonable Coffee 2/10/24

Unreasonable

Play Episode Listen Later Feb 10, 2024 41:22


Over this week's cuppa, David and Christina discuss the Independent State Legislature Theory in light of the just-concluded SCOTUS arguments regarding Colorado's assertion that the 14th Amendment empowers the state to remove certain individuals from its primary ballot; Breaching the Mainstream project by the Institute for Research and Education on Human Rights; a case for open primaries; the latest NAR-cissistic doublespeak coming from C. Peter Wagner-anointed “apostle” Lance Wallnau; a win against Project Veritas; the disbanding of Moms for Liberty in Lehigh County; and an introduction to Conservapedia, the alt-fact reference site.Thanks for listening! Now follow us on Twitter, Instagram, Facebook and Threads. And please consider becoming a Patreon supporter at www.patreon.com/podcastunreasonable. It's a small price to pay to help keep America from becoming a theocracy, dontchya think?

American Democracy Minute
Episode 380: Just in Time for Halloween, Michigan Case Tries to Reanimate the Independent State Legislature Theory and Kill Democracy Reforms

American Democracy Minute

Play Episode Listen Later Oct 26, 2023 1:30


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

In the Public Interest
Season Three Wrap-Up

In the Public Interest

Play Episode Listen Later Oct 17, 2023 25:55


Season three of the firm's podcast, In the Public Interest, covered real-time historic moments in American politics and jurisprudence and shared remarkable individual stories at the center of significant legal cases WilmerHale has handled. In each episode, co-hosts John Walsh and Felicia Ellsworth invited guests to share their unique perspectives on the most pressing legal and policy challenges capturing the public interest.As season three comes to an end, join co-hosts Felicia Ellsworth and John Walsh as they chat about this season's episodes and look back on notable moments from season three. They discuss the season three Supreme Court miniseries focused on the most consequential and interesting decisions recently issued by the United States Supreme Court. Ellsworth and Walsh also talk about what listeners can look forward to when In the Public Interest returns for a fourth season. Season Three Episodes: A Very Merry Trademark BattleReproductive Rights in the Post-Dobbs EraJustice Overdue: Reinvestigating the Murder of Malcolm XA Ukrainian Perspective on Russia-Related SanctionsLeaders in Law: Preet BhararaClimate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers Supreme Court Miniseries: Zero Spoof WhiskeySupreme Court Miniseries: Tribal Rights in the 21st CenturySupreme Court Miniseries: The 303 Creative Case and First Amendment Challenges to Civil Rights LawsSupreme Court Miniseries: Religious Accommodation at Work Supreme Court Miniseries: Drawing the Line on the Independent State Legislature Theory

In the Public Interest
Supreme Court Miniseries: Drawing the Line on the Independent State Legislature Theory

In the Public Interest

Play Episode Listen Later Aug 15, 2023 15:33


In the Public Interest is excited to present the final episode in our miniseries examining landmark decisions recently issued by the United States Supreme Court. The final episode explores the Court's decision in Moore v. Harper, a case involving control over electoral redistricting by state legislatures.In the episode, co-host Felicia Ellsworth is joined by Partner Seth Waxman, a former United States Solicitor General who focuses his practice at WilmerHale on appellate and Supreme Court litigation. Ellsworth and Waxman discuss the legal theory known as “independent state legislature theory” at the core of the case and provide an overview of previous cases in which the Court considered similar legal questions. Waxman describes WilmerHale's role filing an amicus brief representing the Democratic leadership of both the North Carolina House of Representatives and the North Carolina Senate. They also attempt to preview the implications of the Court's decision on electoral maps beyond the state of North Carolina. The episode concludes with Ellsworth and Waxman highlighting notable points from the oral argument and dissenting opinions in Moore.

Civics 101
What Moore v Harper Means for Elections

Civics 101

Play Episode Listen Later Jul 25, 2023 22:30


In June 2023, the Supreme Court determined that states do not have independent and exclusive authority when it comes to federal election rules. By the time they issued the majority opinion, it no longer mattered in the state that started it all. So what happened in Moore v Harper? What is (or was) the Independent State Legislature Theory, and what other powers did the court vest in itself in this opinion?Carolyn Shapiro, founder and co-director of Chicago-Kent's Institute on the Supreme Court of the United States, is our guide.

Cato Daily Podcast
SCOTUS Nixes Souped-Up Independent State Legislature Theory

Cato Daily Podcast

Play Episode Listen Later Jul 17, 2023 13:00


The Supreme Court shot down an extreme version of a relatively new theory of state legislative independence in the context of elections. Walter Olson explains. Hosted on Acast. See acast.com/privacy for more information.

Democracy Nerd
Moore v Harper Democracy is Saved (For Now) w/ Eliza Sweren-Becker

Democracy Nerd

Play Episode Listen Later Jul 10, 2023 35791394:07


With its 6-3 ruling in Moore v. Harper, the Supreme Court has ruled that the (fringe? debunked?) Independent State Legislature Theory is dead. Eliza Sweren-Becker, Senior Counsel in the Democracy Program at the Brennan Center for Justice, explains how this decision preserves democracy in the United States--at least for now.

Stay Tuned with Preet
Hocus SCOTUS (with Kate Shaw)

Stay Tuned with Preet

Play Episode Listen Later Jul 6, 2023 75:30


Few people understand the Supreme Court better than Kate Shaw. She's a professor of constitutional law at the Cardozo School of Law, an ABC legal analyst, and a co-host of the Strict Scrutiny podcast. She joins Preet to discuss the Court's recent controversial decisions on affirmative action, LGBTQ rights, and student loan forgiveness. Plus, what's on the docket next term.  Don't miss the Insider bonus, where Preet and Shaw discuss the opinion in Moore v. Harper. The Court rejected the controversial Independent State Legislature Theory, but Shaw argues that the Court may have left the door open to reviving the applicability of the theory under different circumstances. To listen, become a member of CAFE Insider. Head to cafe.com/insider and use the special discount code JUSTICE to get 40% off the initial annual membership price. Offer valid through the end of July 2023. For show notes and a transcript of the episode head to: https://cafe.com/stay-tuned/hocus-scotus-with-kate-shaw/  Tweet your questions to @PreetBharara with the hashtag #AskPreet, email us your questions and comments at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail. Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Administrative Static Podcast
NCLA Asks Supreme Court to Rein in SEC Practice of Seeking Penalties in Excess of Statutory Caps; Moore v. Harper & the Independent State Legislature Theory

Administrative Static Podcast

Play Episode Listen Later Jul 6, 2023 25:00


NCLA Asks Supreme Court to Rein in SEC Practice of Seeking Penalties in Excess of Statutory Caps SEC penalties have exploded in size in recent years, in large part because the agency ignores statutory penalty caps Congress set in 1990. SEC civil penalties have become wildly inconsistent and unpredictable from case to case, depriving regulated parties of any semblance of fair notice about the potential consequences of their behavior. NCLA has filed a petition for a writ of certiorari with the U.S. Supreme Court on behalf of its client Richard Gounaud in Jocelyn M. Murphy, Michael S. Murphy, and Richard C. Gounaud v. SEC. NCLA asks the Justices to stop SEC from counting the number of violations in arbitrary ways when seeking penalties, to clarify who must register with SEC as a “broker,” and to uphold jury trial rights when the government seeks to impose punitive sanctions. Vec and NCLA Senior Litigation Counsel Russ Ryan highlight the petition for cert in Murphy v. SEC.   Moore v. Harper & the Independent State Legislature Theory Vec discusses the recent the U.S. Supreme Court ruling in Moore v. Harper and the independent state legislature theory.See omnystudio.com/listener for privacy information.

American Democracy Minute
Episode 303: ADM for July 3, 2023 - Moore v. Harper Hangover: SCOTUS Decision OKs Court Review, but Also Cracks the Door for a Weaker Version of the Independent State Legislature Theory

American Democracy Minute

Play Episode Listen Later Jul 2, 2023 1:30


Moore v. Harper Hangover:  SCOTUS Decision OKs Court Review, but Also Cracks the Door for a Weaker Version of the Independent State Legislature TheoryOur podcasting host, Podomatic, recently developed a technical issue stopping the inclusion of our daily script in the episode "Description."   To view the script, please go to our website and find today's report.Today's LinksArticles & Resources:UCLA Law's Safeguarding Democracy Project - Video:  U.S. Democracy and the Independent State Legislature Theory after the Moore v. Harper DecisionNPR - What the Supreme Court's rejection of a controversial theory means for electionsSCOTUS Blog - Supreme Court rules against North Carolina Republicans over election law theoryBrennan Center for Justice - The ‘Independent State Legislature Theory,' ExplainedNational Review - (Opinion - Conservative) Today's Ruling in Moore v. HarperGroups Taking Action:Common Cause, Campaign Legal Center, Brennan Center for Justice===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  #VotingRights #FairMaps

Jordan Is My Lawyer
SCOTUS Ends Affirmative Action, Trump Sues E. Jean Carroll, NYC to Charge for Traffic, New Details in Epstein's Suicide and MORE.

Jordan Is My Lawyer

Play Episode Listen Later Jun 30, 2023 37:50


1. New York Announces Congestion Pricing Plan Making Manhattan the First U.S. City to Implement Such a Plan (1:34)2. Moore v. Harper Explained; What is the Independent State Legislature Theory and Why Did the Court Refuse to Adopt It? (6:44)3. SCOTUS Ends Affirmative Action; Here's What the Decision Says (14:11)Notable Mentions (2 Minutes or Less)4. Anderson Aldrich Pleads Guilty to Murder and Attempted Murder; Receives Life Plus 2,200 Years (31:15) (**The Defendant's Name is Anderson Aldrich, Not "Andrew" as Mistakenly Stated in the Episode.)5. DOJ Watchdog Releases Report Singling Out Prison Employees for "Misconduct" and "Dereliction of Duties" Leading up to Epstein's Suicide (32:02)6. Google Backtracks on Drag Show Event for Pride Month After Internal Petition Circulates Claiming Religious Discrimination (33:19)7. Donald Trump Countersues E. Jean Carroll - Also Alleging Defamation (34:27)8. Florida Jury Acquits Scot Peterson, the School Resource Officer on Duty the Day 17 Were Killed at Marjory Stoneman Douglas (36:20)If you enjoyed this episode, please leave me a review and share it with those you know that also appreciate unbiased news!Subscribe to Jordan's weekly free newsletter featuring hot topics in the news, trending lawsuits, and more.Follow Jordan on Instagram, TikTok, and YouTube.All sources for this episode can be found here. Moore v. Harper Episode on Apple Podcasts.Moore v. Harper Episode on Spotify.

Libservative
American Leadership Drowns While Canada Burns

Libservative

Play Episode Listen Later Jun 30, 2023 96:32


In today's addition of "Two Intellectual Idiots Fostering Political and Cultural Literacy" Dan, Corey, and Bel "The Bodysnatcher " take YOU, the disenfranchised or politically homeless sane person into: 1) The Russian Coup that wasn't. As Prigozhin's Wagner Group marched toward Moscow, they turned around just as fast due to a deal apparently brokered by Belarus. Is anyone else going to ask if the CIA had a hand in this plot? Nobody has a better track record of botched coups than the CIA. And what would be the fallout of a successful coup to overthrow Putin?  2) Trump's latest LEAKED recordings and what they could mean for Hunter and Joe Biden. 3) The Supreme Court shuts down "Independent State Legislature Theory" when it comes to federal elections. AND A TON MORE... IF YOU LIKE: The Free Press Dan Carlin Breaking Points With Krystal & Saagar The Fifth Column Reason Magazine The Reason Round Table The Grayzone Dave Smith's "Part of the Problem" Blocked and Reported NPR Based Politics The Daily Wire StatusCoup The Jordan Harbinger Show The Jimmy Dore Show The Joe Rogan Experience Useful Idiots "Pushback" With Aaron Matè "Honestly" With Bari Weiss Matt Taibbi Glen Greenwald Aaron Matè Max Blumenthal

We the People
The Supreme Court Rejects the Independent State Legislature Theory

We the People

Play Episode Listen Later Jun 29, 2023 59:49


This week, the Supreme Court handed down a major decision relating to elections in America in the Moore v. Harper case. In a 6-3 ruling, the Court rejected the independent state legislature theory, finding that the Elections Clause does not give state legislatures exclusive power over elections, and upholding the power of judicial review in electoral cases, including redistricting decisions. In this episode of We the People, guests Judge Michael Luttig and Professor Evan Bernick join to break down the Moore decision – including why the Court decided to reject the independent state legislature theory; why conservative Justices Thomas, Alito, and Gorsuch dissented; and what this means for the future of judicial review of election laws. Host Jeffrey Rosen moderates. Resources: Moore v. Harper (2023) Judge Michael Luttig, “The Court Is Likely to Reject the Independent State Legislature Theory: And that offers hope for American democracy”, The Atlantic, April 13, 2023 Judge Michael Luttig, “There Is Absolutely Nothing to Support the ‘Independent State Legislature' Theory”, The Atlantic, October 3, 2022 J. Michael Luttig, et al, Brief for Non-State Respondents, Moore v. Harper  Brief of Professor Evan Bernick in support of respondents in Harper v. Moore Check out previous We the People episodes on the Moore v. Harper case: Part 1 (March 2022) and Part 2 from (July 2022), and Part 3 (Dec. 2022) 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.    You can find transcripts for each episode on the podcast pages in our Media Library. 

The Greater Society Podcast
Trump Documents LEAK! • WOKE Submarines? • Independent State Legislature - Greater Society Podcast

The Greater Society Podcast

Play Episode Listen Later Jun 29, 2023 70:24


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.

The Liberal Dan Radio Program
Putin on the Fritz*

The Liberal Dan Radio Program

Play Episode Listen Later Jun 29, 2023 178:00


On the June 28, 2023 episode of Liberal Dan Radio, we will be discussing the the near coup/mutiny/revolt against Vladamir Putin in Russia, the recent ruling by SCOTUS against the GOP and the "independent state legislature" theory, and the continued downfall of Trump in his documents case. Unless, of course, SCOTUS rules on Student Loan Forgiveness, in which case, we will be discussing that first (and potentially all hour): live Wednesday at 8PM Central.  Listening live? You can also watch on YouTube! If you are listening after the live broadcast you can leave comments on the show thread at liberaldan.com, on the Liberal Dan Radio Facebook page, and @liberaldanradio on Twitter.  Want more Liberal Dan? Check out the Liberal Dan Radio Minicast.  And remember, you can become a Liberal Dan Radio Patreon. Support the podcast or the minicast. If you don't feel like a subscription, you can always Buy Me A Cider.  “Hypocrite of the Week” – Music: If I Had a Chicken – Kevin MacLeod

Tangle
SCOTUS rejects independent state legislature theory.

Tangle

Play Episode Listen Later Jun 28, 2023 26:32


In a 6-3 decision on Tuesday, the Supreme Court rejected independent state legislature theory (ISL), the legal theory that embraces the idea that the Constitution gives state legislatures unfettered authority to regulate federal elections, with little to no interference from state courts. Chief Justice John Roberts wrote the majority opinion, while Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. You can read today's podcast here and today's “Have A Nice Day” story here. From the Blindspot Report, a story that the right missed here and a story that the left missed here. Tickets to our event in Philadelphia on August 3rd are available here. Give the gift of a Tangle subscription here! Today's clickables: Quick Hits (0:56), Today's Story (02:52), Left''s Take (6:55), Right's Take (10:46), Isaac's Take (14:55), Blindspot Report (22:51), Numbers (23:28), Have A Nice Day (24:11) You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Our podcast is written by Isaac Saul and edited by Zosha Warpeha. Music for the podcast was produced by Diet 75. Our newsletter is edited by Bailey Saul, Sean Brady, Ari Weitzman, and produced in conjunction with Tangle's social media manager Magdalena Bokowa, who also created our logo. --- Send in a voice message: https://podcasters.spotify.com/pod/show/tanglenews/message Support this podcast: https://podcasters.spotify.com/pod/show/tanglenews/support

ELB Podcast
ELB Podcast 4:10: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

ELB Podcast

Play Episode Listen Later Jun 28, 2023 52:35


What are the implications of the Supreme Court's decision in Moore v. Harper for American democracy? What will the case mean for 2024 election challenges? Does the decision shut down attempts to submit slates of fake electors and subvert presidential elections? On the Season 4 finale of the ELB podcast, a voting rights roundtable with Derek Muller, Carolyn Shapiro, Bertrall Ross, and Rick Pildes.

Minimum Competence
Weds 6/28 - PA State Registration, International Tax, No Independent State Legislature "Theory," Law Prof Sues for Discrimination and SBF Trial Proceeds

Minimum Competence

Play Episode Listen Later Jun 28, 2023 6:54


On this day, June 28th, in legal history, the Supreme Court of the United States handed down their decision in Regents of the University of California v. Bakke and ruled that quota systems could not be used in college admissions, but programs that incentivize accepting minority applicants are permissible. Regents of the University of California v. Bakke was a landmark Supreme Court case decided on June 28th, 1978. The Court ruled that a university's admissions criteria, which used race as the sole basis for admission decisions, violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. The case revolved around Allan Bakke, a white male applicant who was rejected from medical school at the University of California at Davis due to a racial quota system. The Court determined that the quota system was unconstitutional and a violation of civil rights laws. They applied strict scrutiny, stating that the government must have a compelling interest and narrowly tailored means to justify race-based actions. The Court acknowledged that race could be considered as a factor in admissions, but rejected the use of a quota system that excluded candidates based solely on race.The Supreme Court has upheld a Pennsylvania law in a narrow 5-4 decision that requires companies to face lawsuits within the state when they register to do business there. The ruling leaves room for a potential future challenge to the law on different constitutional grounds. Opponents of the law expressed concern that it could lead to other states adopting similar registration requirements. The case involved a former employee of Norfolk Southern Railway Co. who wanted to bring a lawsuit against the company in Pennsylvania, even though it is not based there. Justice Samuel Alito, while ruling in favor of the plaintiff in this case, suggested that the law could be challenged under the commerce clause in the future. The court's decision was based on a precedent set in a 1917 case involving a similar law in Missouri. Justice Amy Coney Barrett, joined by Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh, dissented, arguing that the ruling infringed upon the authority of other states to adjudicate disputes involving their citizens.State Registration Law Feared by Business Upheld by Justices (1)The US Supreme Court has agreed to hear a tax case regarding foreign earnings, raising concerns about the extent of Congress' taxing powers. The case revolves around internal revenue code Section 965, which aimed to prevent foreign earnings from permanently evading US taxation during a transition to a new international tax regime. The plaintiffs, Charles and Kathleen Moore, are seeking a refund of $14,729 through their challenge to the tax. However, the case has broader implications, as the government estimates the tax will generate $340 billion over a decade. The Moores and other groups argue that allowing the tax would provide Congress with the authority to pursue new revenue streams, such as a federal wealth tax. The Moores' representatives argue that the tax is not authorized under the federal government's power to tax income as defined by the Sixteenth Amendment. The Ninth Circuit Court of Appeals previously dismissed the suit, ruling that taxable income doesn't have to be realized. The Moores argue that only realized income is taxable under the Sixteenth Amendment, and the tax violates the constitutional requirement for direct taxes to be proportionally applied to each state's population. The case has garnered interest from organizations like the US Chamber of Commerce and the Cato Institute, which submitted briefs urging the Supreme Court to take up the case. The outcome of the case will have implications for Congress' taxing powers and the interpretation of the Sixteenth Amendment.Galvanizing International Tax Case Accepted by Supreme Court (2)(ORDER LIST: 599 U.S.) MONDAY, JUNE 26, 2023 CERTIORARI -- SUMMARY DISPOSITIONS 21-1596 ARDOIN, LA SEC. OF STATE, ET AL. V. ROBIThe US Supreme Court has rejected a legal theory that would grant state legislatures unchecked power over elections. In a 6-3 decision authored by Chief Justice John Roberts, the court ruled against Republican state legislators in a case involving North Carolina's House of Representatives districts. The legislators sought to embrace the "independent state legislature" doctrine, which would remove the role of state courts and state constitutions in regulating federal elections. Critics argue that the doctrine poses a threat to democratic norms and could lead to further voter restrictions and extreme partisan gerrymandering. The Supreme Court's ruling still allows federal courts to review certain election-related cases and potentially challenge state court decisions. The decision does not establish a clear legal test for determining when state courts have overstepped their bounds in election matters. The issue is expected to resurface in future cases when state courts reject legislatively drawn maps and take it upon themselves to draw districts.US Supreme Court rejects bid to give lawmakers unchecked power over elections | ReutersA law professor at the University of Colorado, Paul Campos, has filed a lawsuit against the university and its law school dean, Lolita Buckner Inniss, alleging pay discrimination and retaliation. Campos, who is the only Latino faculty member, claims that he is paid less than his white colleagues. He also accuses Inniss of retaliating against him for raising concerns about his compensation and for taking parental leave. According to a 2021 pay study conducted by the university, Campos earned nearly $14,000 less per year than white law faculty. In addition, Campos alleges that he received a low faculty rating, which he believes was influenced by racial bias and retaliation for taking paternity leave. He claims that Inniss further retaliated against him by removing him from the law school's faculty evaluations committee and preventing him from teaching a course. Campos argues that the university has failed to provide evidence of offensive and biased language, as alleged.Law professor sues University of Colorado over discrimination claims | ReutersSam Bankman-Fried, the founder of FTX cryptocurrency exchange, has lost his bid to dismiss most of the criminal charges brought against him by the U.S. government. U.S. District Judge Lewis Kaplan in Manhattan denied Bankman-Fried's request, clearing the way for his trial scheduled for October 2. Bankman-Fried is accused of orchestrating a multibillion-dollar fraud by stealing funds from FTX customers to cover losses at his hedge fund, Alameda Research. Prosecutors also allege that he misled investors and made illegal contributions to U.S. political campaigns in the names of his colleagues. Bankman-Fried has pleaded not guilty and denied stealing funds but admitted to inadequate risk management at FTX. The judge ruled that the charges against Bankman-Fried were valid and that the alleged misappropriated funds constituted property. Bankman-Fried had also argued that some charges were improperly brought without consent from the Bahamas, where he was arrested and extradited. A second trial is scheduled for March 11 on charges brought after his extradition.Bankman-Fried loses bid to toss criminal charges over FTX's collapse | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

AURN News
SCOTUS Declines to Uphold the “Independent State Legislature” Theory

AURN News

Play Episode Listen Later Jun 28, 2023 1:43


When Trump decisively lost the 2020 election, Republicans attempted to institute the “independent state legislature” theory, which would allow state legislatures to overturn the votes of the people, giving states the primary authority to determine elections. In a 6-3 vote, the Supreme Court declined to uphold this radical Republican legal effort. The ruling was a win for voting rights groups. Former President Barack Obama reacted on Twitter, "Today the Supreme Court rejected the fringe independent state legislature theory that threatened to upend our democracy and dismantle our system of checks and balances.” Learn more about your ad choices. Visit megaphone.fm/adchoices

American Democracy Minute
Episode 301: U.S. Supreme Court Tamps Down the Fringe Independent State Legislature Theory in an Important Decision for Democracy

American Democracy Minute

Play Episode Listen Later Jun 28, 2023 1:30


U.S. Supreme Court Tamps Down the Fringe Independent State Legislature Theory in an Important Decision for DemocracyToday's Script  Our podcasting platform has issues today, so we're sending you to our website:  http://www.americandemocracyminute.org to read the script.   Sorry for the extra step! Today's LinksArticles & Resources:U.S. Supreme Court - Decision in Moore v. Harper "Independent State Legislature Theory" CaseDemocracy Docket - Breaking Down the Supreme Court's Opinion Rejecting a Fringe, Undemocratic TheorySCOTUS Blog -  Supreme Court rules against North Carolina Republicans over election law theoryCommon Cause - Post-Decision Press statementPolitico - Supreme Court crushes plan to scramble partisan map-makingAssociated Press - Supreme Court rejects GOP in North Carolina case that could have reshaped elections beyond the stateGroups Taking Action:Common Cause NC,  NC League of Conservation Voters , Campaign Legal Center, Brennan Center for Justice===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 #VotingRights #FairMaps

Trumpcast
Amicus: Moore v Harper Was a Win for Democracy, A Big Loss For Donald Trump

Trumpcast

Play Episode Listen Later Jun 27, 2023 29:32


This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. We consider this coverage so essential that we're taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. In deciding against the bonkers (technical legal term) “Independent State Legislature Theory” in Moore v Harper, the Supreme Court chose not to take a wrecking ball to American democracy. Judge Michael Luttig, a counsel of record in the case, is relieved but not surprised. In this emergency episode of Amicus, Judge Luttig tells Dahlia Lithwick that Tuesday's decision may have big repercussions at the Department of Justice, in Jack Smith's investigation of former President Trump's role in January 6th. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Strict Scrutiny
Is ISL dead? IDK.

Strict Scrutiny

Play Episode Listen Later Jun 27, 2023 54:12


The Supreme Court handed down its decision in Moore v. Harper today, saying that state legislatures can't actually make up whatever rules they want around federal elections, without oversight from anyone. But is this a victory for our democracy, or should we still be freaked out? Kate, Leah, and Melissa break down the opinion and the questions it leaves open.We'll be around all week pushing out emergency episodes as the Supreme Court continues to do... whatever it does. Be sure to subscribe in your podcast app of choice so you don't miss it!Listen to our previous episodes on the independent state legislature theory/fan fiction/thingamajig: "Debunking the Independent State Legislature Fantasy" with Carolyn Shapiro and Jamelle Bouie, and "Turning Fan Fiction Into Reality."Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events. Follow us on Instagram, Twitter, Threads, and Bluesky

Amicus With Dahlia Lithwick | Law, justice, and the courts
Moore v Harper Was a Win for Democracy, A Big Loss For Donald Trump

Amicus With Dahlia Lithwick | Law, justice, and the courts

Play Episode Listen Later Jun 27, 2023 29:32


This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. We consider this coverage so essential that we're taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. In deciding against the bonkers (technical legal term) “Independent State Legislature Theory” in Moore v Harper, the Supreme Court chose not to take a wrecking ball to American democracy. Judge Michael Luttig, a counsel of record in the case, is relieved but not surprised. In this emergency episode of Amicus, Judge Luttig tells Dahlia Lithwick that Tuesday's decision may have big repercussions at the Department of Justice, in Jack Smith's investigation of former President Trump's role in January 6th. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Slate Daily Feed
Amicus: Moore v Harper Was a Win for Democracy, A Big Loss For Donald Trump

Slate Daily Feed

Play Episode Listen Later Jun 27, 2023 29:32


This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. We consider this coverage so essential that we're taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. In deciding against the bonkers (technical legal term) “Independent State Legislature Theory” in Moore v Harper, the Supreme Court chose not to take a wrecking ball to American democracy. Judge Michael Luttig, a counsel of record in the case, is relieved but not surprised. In this emergency episode of Amicus, Judge Luttig tells Dahlia Lithwick that Tuesday's decision may have big repercussions at the Department of Justice, in Jack Smith's investigation of former President Trump's role in January 6th. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

The Bob Frantz Authority Podcast
6/27/23 | U.S. Supreme Court Rejects Independent State Legislature Theory...

The Bob Frantz Authority Podcast

Play Episode Listen Later Jun 27, 2023 50:46


Guests: Peter Kirsanow; Gordon Chang discussing Communist China and its threat to the U.S.See omnystudio.com/listener for privacy information.

The Majority Report with Sam Seder
2995 - Casual Friday! (THE LAST OF 2022!)

The Majority Report with Sam Seder

Play Episode Listen Later Dec 23, 2022 162:24


It's the LAST Casual Friday of 2022! The MR Crew are doing a clips-and-calls show before the holidays, and are also joined by Matthew Film Guy (@langdonboom)to discuss the recent Sight & Sound poll! First, Sam, and Emma run through updates on the final report from the January 6th committee, NY Gov Hochul fitting perfectly into the Cuomo mold, Sam Bankman-Fried paying off his $250 million bond in fiat currency, and Congressman-elect George Santos' crumbling resume, before diving into the $1.7 trillion spending bill making it through the Senate and House, revamping the GOP leadership debate (and perhaps bringing Steve Scalise into the fold). Then, they take calls with Jay from New Haven on CT's solar energy policy, Aaron from Madison on fighting back against the Independent State Legislature Theory, and Amy from San Francisco on QAnon Anonymous' deep dive into Tusli Gabbard's cult. Then, they're joined by Matthew Film Guy as he dives right into the drama surrounding Sight & Sound's recent “Greatest Films of All Time” poll where Citizen Kane and Vertigo were finally overtaken for the #1 spot by a WOMAN-DIRECTED movie “Jeanne Dielman, 23 Commerce Quay, 1080 Brussels.” They walk through the anti-woke backlash to this result, as Matthew dives into the difference between an active culture war and the democratization of a poll, with Sight & Sound expanding the number of voters beyond a couple of hundred for the first time in their history, before launching into the beauty and vision of Chantal Akerman's boundary-pushing work, its long-term rise into mainstream discourse, and the importance of creating art with sensitive visions of life. And in the Fun Half: Sam and Emma watch AOC tackle the USPS deal and their shift toward Electric Vehicles being undermined by Louis DeJoy putting a scab facility at the center of the production, Drew from Portland Oregon calls in to discuss DeSantis' alternate health agency and the impact it could have on the Right's war on trans care, and John from San Antonio walks through the massive boom in union support that we've seen in 2022. They also dive deeper into Kathy Hochul's nomination of a severely conservative judge to New York's Chief Justice position, and Matt Taibbi's response to critiques (such as Matt Taibbi from a year ago) of him doing PR for a billionaire. Revis from the Twin Cities reveals a Sam Seder cameo in the Magic Schoolbus, Candace Owens has some thoughts on the Confederate Flag, and Charlie from Washington explores how to push your state to become a safe space for trans folks escaping persecution, plus, your calls and IMs! Check out Matthew's Letterboxd here: https://letterboxd.com/langdonboom/ Check out Matthew's film discussion group here: https://www.commonpointqueens.org/program/cultural-arts-and-jewish-heritage-classes/ Check out Matthew's eBay auction here! https://www.ebay.com/itm/115464749223 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: Sunset Lake CBD: 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. All NEW hemp smokables— flower, and smalls— are buyone get one free! Mix and match cultivars to find your new favorite. No promo code needed. 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. Quip: Quip gets your smile ready, making good habits easy with all the essentials you need to care for your mouth. The quip Electric Toothbrush uses timed vibrations with 30-second pulses to guide a dentist-recommended two-minute clean. It's loved by over SEVEN MILLION mouths. You can even upgrade with a NEW Smart Motor to track and improve your brushing AND earn sweet rewards. If you go to getquip.com/majority RIGHT NOW, you'll get your first refill FREE. 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/

We the People
The Supreme Court Considers the Independent State Legislature Theory

We the People

Play Episode Listen Later Dec 16, 2022 55:03


On December 7, 2022, the Supreme Court heard oral argument in 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 “independent state legislature” theory, an interpretation of the Constitution that would give state legislatures essentially the sole power to regulate federal elections and would restrict the involvement from state courts in reviewing those decisions.  Joining us to recap the oral arguments in Moore v. Harper is Vikram Amar, dean of Illinois College of Law; and Jason Torchinsky, partner at Holtzman Vogel. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Check out What is the “Independent State Legislature Doctrine”? – Part 1 and Part 2 from March 2022 and July 2022, respectively. 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. You can find transcripts for each episode on the podcast pages in our Media Library.

Fireside Breakdowns
S3 | SS16: The Independent State Legislature Theory

Fireside Breakdowns

Play Episode Listen Later Dec 12, 2022 57:34


We bounced around a variety of topics for this week's episode, from Donald Trump's assertion that we should chuck out the Constitution to The Twitter Files (dun dun dunnn). But right at the last minute, something caught our attention that could spell the END OF AMERICAN DEMOCRACY. (Are you paying attention yet?) If you're a political/legal/electoral nerd like we are, you've probably hear about Moore v. Harper. This Supreme Court case is likely to determine the validity of a concept called “the independent state legislature theory,” which has plagued political conversations since the 2020 election. As always, media folks and the like are particularly bad at explaining exactly what… it means. So, we're going to break that down. And we'll talk a bit about why we think this decision could be a really big deal.  If you'd like to get in touch… You can leave us a review at: https://ratethispodcast.com/fireside Or you can drop us a note from our Contact page! You can find all of our sources in our Show Notes. And, check out our Patreon Page! Patrons get access to early episode drops, bonus content, priority topic requests, quarterly happy hours, and more!

The BradCast w/ Brad Friedman
'BradCast' 12/8/2022 (Guest: Slate's Mark Joseph Stern on 'Moore v. Harper' and same-sex marriage law)

The BradCast w/ Brad Friedman

Play Episode Listen Later Dec 9, 2022 58:05


The BradCast w/ Brad Friedman
'BradCast' 12/8/2022 (Guest: Slate's Mark Joseph Stern on 'Moore v. Harper' and same-sex marriage law)

The BradCast w/ Brad Friedman

Play Episode Listen Later Dec 9, 2022 58:05


Tangle
The independent state legislature theory.

Tangle

Play Episode Listen Later Dec 8, 2022 31:10


We're covering the independent state legislature theory, and the arguments around it that happened before the Supreme Court on Wednesday. Plus, a question about Elon Musk and free speech. Read the story about how the Pinckney Plan became a key element in this case here. You can read today's podcast here, today's “Under the Radar” story here, and today's “Have a nice day” story here. You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Our podcast is written by Isaac Saul and produced by Trevor Eichhorn. Music for the podcast was produced by Diet 75. Our newsletter is edited by Bailey Saul, Sean Brady, Ari Weitzman, and produced in conjunction with Tangle's social media manager Magdalena Bokowa, who also created our logo. --- Send in a voice message: https://anchor.fm/tanglenews/message Support this podcast: https://anchor.fm/tanglenews/support

The BradCast w/ Brad Friedman
'BradCast' 12/7/2022 (Guest: David Daley of FairVote on SCOTUS nightmare election law case)

The BradCast w/ Brad Friedman

Play Episode Listen Later Dec 8, 2022 58:05


The BradCast w/ Brad Friedman
'BradCast' 12/7/2022 (Guest: David Daley of FairVote on SCOTUS nightmare election law case)

The BradCast w/ Brad Friedman

Play Episode Listen Later Dec 8, 2022 58:05


KPFA - Flashpoints
Supreme Court Considers Independent State Legislature Theory

KPFA - Flashpoints

Play Episode Listen Later Dec 7, 2022 59:58


Today on the Show: The ultra right wing Supreme Court considers whether to adopt the “independent state legislature theory”, which could give state lawmakers unchecked power over federal elections. Critics such as Harvey Wasserman assert this could be a fast path to the end of our American Democracy: Harvey also joins us for an update on Nuclear insanity, California style: And we share a rebroadcast from our new series with Ma Sherry Glaser, who joins us every other week to endow us with a segment of her latest literary creation. Mama's 1st pocket Chicktionary: Taking the Dick out of the Dictionary. The post Supreme Court Considers Independent State Legislature Theory appeared first on KPFA.

American Democracy Minute
Episode 159: ADM for Dec. 7, 2022: What Happens if the SCOTUS Majority Embraces the Independent State Legislature Theory in Moore v. Harper?

American Democracy Minute

Play Episode Listen Later Dec 6, 2022 1:29


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.

Countdown with Keith Olbermann
CELEBRATE THE SENATE. THEN GET BACK TO WORK! 11.14.22

Countdown with Keith Olbermann

Play Episode Listen Later Nov 14, 2022 49:12


EPISODE 75: COUNTDOWN WITH KEITH OLBERMANN A-Block (1:45) SPECIAL COMMENT: Well THAT was fun! Enjoy retaining the Senate and the fascists turning on Trump and then FORGET IT AND GET BACK TO WORK (2:32) Ever seen the movie "Carrie"? There is a lesson for us in it. When you think you have ended Carrie's reign of horror, make sure you burn the grave, salt the earth, and encase everything in concrete before she can reach up from hell to grab you. They are not defeated, they are developing a new Supreme Court scheme as we speak (4:26) Be aggressive - like Pelosi and Schumer planning to raise the debt limit during the Lame Duck session (5:44) And consider the more outlandish ideas: nominating Liz Cheney to be Speaker or offering cabinet or ambassador slots to uninfected GOP Congressmen (7:20) Because the fascists will now cut to the chase: supporters of a different Kari are calling for a military takeover of the government so they can get a new vote in Arizona (8:47) Now is the time to strike because they are burning down their own house: attacking Trump, McConnell, McCarthy and Ronna Romney while Trump cultists like Ann Coulter and Glenn Youngkin's Lieutenant Governor and even the DILBERT GUY bail on Trump (10:43) But now the next threat comes into focus: The Federalist Society is so hellbent to enact "Independent State Legislature Theory" that it has purged its own co-founder because he doesn't believe in it. Supreme Court Barbie - Amy Coney Barrett - and the other fascists do, as you'll hear. And to stop them, we'll need to designate The Federalist Society as a terrorist organization. B-Block (18:00) EVERY DOG HAS ITS DAY: Maslow in Pennsylvania (19:02) POSTSCRIPTS TO THE NEWS: Coincidence? Trump wanted to "get the IRS on" Comey and McCabe. And each was then hit with a rare invasive audit. (21:07) IN SPORTS: No experience? No problem! Jeff Saturday wins in NFL coaching debut (23:39) THE WORST PERSONS IN THE WORLD: A New Jersey Republican official calls the cops on a 9-year old African-American girl who "scared him." He competes with Sarah "They think we're stupid" Palin and Donald "They stole the ELECTRON from Blake Masters" Trump for the dishonors. C-Block (29:36) THINGS I PROMISED NOT TO TELL: I really did fall off a cliff (well, a pretty tall rock outcropping) filming a TV Commercial for Boston Market. But that's only part of the story. The ads paid so much I was willing to quit ESPN to do them instead, and the ads were so perversely effective that the company went bankrupt!See omnystudio.com/listener for privacy information.

Heard Tell
Supreme Court, Redistricting, & Independent State Legislature Theory in Moore v Haper w/ Burt Likko

Heard Tell

Play Episode Listen Later Nov 8, 2022 47:23


Your Heard Tell for Tuesday, November 8th, 2022, is turning down the noise of the news cycle and getting to the information we need to discern our times by talking to our good friend, attorney, and Editor-in-Chief Emeritus of Ordinary Times Burt Likko about the case he calls " Highest stakes I can recall since at least Shelby County v. Holder" and "unquestionably this term's Very Big Deal for the Supreme Court of the United States". Burt lawsplains Moore v Harper, the constitutional law theory and history, background on North Carolina's long-running redistricting battles, relevent case law, and possible implications to future elections while most of America goes to vote on this one so well even host Andrew can understand it.All that on this Election Day Tuesday edition of Heard Tell.--------------------Questions, comments, concerns, ideas, or epistles? Email us HeardTellShow@gmail.comPlease make sure to subscribe to @Heard Tell , like the program, comment with your thoughts, and share with others.Support Heard Tell here: https://app.redcircle.com/shows/4b87f374-cace-44ea-960c-30f9bf37bcff/donationsSupport this podcast at — https://redcircle.com/heard-tell/donationsAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy

Pick 4 Podcast
Listen for 4 minutes...

Pick 4 Podcast

Play Episode Listen Later Oct 27, 2022 33:30


At least listen long enough to learn about Independent State Legislature Theory...then you can decide if you want to keep going

Parenthetically
Currently: Independent State Legislature Theory, Ginni Thomas

Parenthetically

Play Episode Listen Later Oct 26, 2022 47:37


The Parenthetically team discusses two current issues raising questions about our faith in the federal judiciary: The Supreme Court's potential embrace of a radical election law theory, and the conflicts of interest raised by the political activities of a Supreme Court justice's spouse.

Tiers of Scrutiny w/ Eva Eapen & Pari Sidana
What is "Independent State Legislature Theory" and what does it mean for our democracy?

Tiers of Scrutiny w/ Eva Eapen & Pari Sidana

Play Episode Listen Later Oct 24, 2022 12:31


Welcome to a discussion of one of the most consequential cases being heard in this upcoming SCOTUS term. It's called Moore v. Harper, and will be heard December 7, 2022--so tune in to Oyez to listen to the oral arguments if interested.

The Citizen's Guide to the Supreme Court
Nazim's Birthday Voting Rights Spectacular

The Citizen's Guide to the Supreme Court

Play Episode Listen Later Oct 23, 2022 45:45


In honor of the prosciutto playboy's birthday, Brett and Nazim cover the two big voting rights cases before the Supreme Court this term.  The first is Merrill v. Milligan, which covers Section 2 of the Voting Rights Act as it applies to Alabama's district map, and Moore v. Harper, which covers the Independent State Legislature Theory as it applies to North Carolina's district map.  Law starts at (03:05).

Amicus With Dahlia Lithwick | Law, justice, and the courts
The Supreme Court Case that Could Upend Democracy

Amicus With Dahlia Lithwick | Law, justice, and the courts

Play Episode Listen Later Oct 22, 2022 57:19


Dahlia Lithwick is joined by Judge Michael Luttig for the definitive conversation on a giant elections case now on the calendar at the Supreme Court. Moore v Harper is a North Carolina redistricting case that is also a vehicle for the Independent State Legislature Theory - a so-called doctrine that could radically re-order democracy in America. Judge Luttig - a stalwart of conservative legal circles for decades - will argue the case as co-counsel alongside former Acting Solicitor General under Obama, Neal Katyal.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the blossoming of bonkers gun cases in the wake of last term's SCOTUS decision in Bruen, a big case concerning consumer protections and much more…  Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout Learn more about your ad choices. Visit megaphone.fm/adchoices

Slate Daily Feed
Amicus: The Supreme Court Case that Could Upend Democracy

Slate Daily Feed

Play Episode Listen Later Oct 22, 2022 57:19


Dahlia Lithwick is joined by Judge Michael Luttig for the definitive conversation on a giant elections case now on the calendar at the Supreme Court. Moore v Harper is a North Carolina redistricting case that is also a vehicle for the Independent State Legislature Theory - a so-called doctrine that could radically re-order democracy in America. Judge Luttig - a stalwart of conservative legal circles for decades - will argue the case as co-counsel alongside former Acting Solicitor General under Obama, Neal Katyal.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the blossoming of bonkers gun cases in the wake of last term's SCOTUS decision in Bruen, a big case concerning consumer protections and much more…  Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout Learn more about your ad choices. Visit megaphone.fm/adchoices

Homophilia
Talkin' Politics with Ben Sheehan

Homophilia

Play Episode Listen Later Oct 21, 2022 52:04


As we prepare for another Most Important Election of Our Lifetimes, politics-knower, book-writer, and straight guy Ben Sheehan joins Matt and Dave to talk about how not to freak out, where to focus your time and energy (and donations), what the Independent State Legislature Theory is, why there are no stupid questions, and how we can change his mind about there being no stupid questions. Also: oil cleansers.

What SCOTUS Wrote Us
Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) Majority Opinion (elections clause, redistricting, gerrymandering, independent state legislature theory)

What SCOTUS Wrote Us

Play Episode Listen Later Oct 21, 2022 70:20


Audio of the 2015 opinion of the Court in Arizona State Legislature v. Arizona Independent Redistricting Commission. If you are losing sleep over Moore v. Harper, the upcoming case that asks the Court to consider the constitutionality of the Independent State Legislature Theory, you'll be glad you listened to today's episode. That's because it provides an excellent review of the precedent and history of the Election Clause's use of the word "legislature." Arizona voters passed Proposition 106 in 2000, amending the Arizona state constitution to remove congressional redistricting authority from the legislature and, instead, gave that authority to the new Arizona Independent Redistricting Commission (IRC). When the IRC approved a new congressional district map in 2012, the state legislature sued the IRC, claiming that prop 106 violated the Constitution's Election Clause. The legislature argued that the Elections Clause gave redistricting authority to the state legislatures, which made prop 106 unconstitutional and, therefore, invalid. The federal district court disagreed, holding prop 106 did not violate the Elections Clause. In a 5-4 decision, the Supreme Court affirmed the district court's decision. While Chief Roberts wrote a dissent in which he argued that the Elections Clause's use of the word “legislature” should be read to mean “representative body,” the majority opinion provided a review of the history and the Court's precedents establishing that the words "the legislature" in this clause did not mean the representative body alone.     Access this SCOTUS opinion and other essential case information on Oyez.   Music by Epidemic Sound

WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives
Democracy Forum 10/21/22: What’s At Stake in Moore v. Harper? Gerrymandering and More

WERU 89.9 FM Blue Hill, Maine Local News and Public Affairs Archives

Play Episode Listen Later Oct 21, 2022 58:56


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.

Democracy Forum
Democracy Forum 10/21/22: What's At Stake in Moore v. Harper? Gerrymandering and More

Democracy Forum

Play Episode Listen Later Oct 21, 2022 58:56


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.

CitizenCast
Ali Velshi | This should scare the daylights out of you: Independent State Legislature Theory

CitizenCast

Play Episode Listen Later Oct 10, 2022 3:20


In the spirit of Halloween (and the eroding of democracy), here's something scary from MSNBC host and Citizen Board Member Ali Velshi: Independent State Legislature Theory. This would essentially allow state legislatures to overturn popular votes. It should horrify every American. 

American Democracy Minute
Episode 117: ADM for Oct. 6, 2022: What are the Impacts if the U.S. Supreme Court Majority Embraces the Independent State Legislature Theory?

American Democracy Minute

Play Episode Listen Later Oct 5, 2022 1:29


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.

The Democracy Group
When should the states decide? | Democracy Works

The Democracy Group

Play Episode Listen Later Oct 3, 2022 47:03


Following the Dobbs  v. Jackson Women's Health Organization Supreme Court decision, reproductive rights are heading to ballots in states across the country this fall. Are states the right venue for this and other issues? Our guest this week says yes and makes the case that state courts and constitutions are more democratic than their counterparts at the federal level.In Who Decides? State as Laboratories of Constitutional Experimentation, U.S. Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. We also discuss work by Jake Grumbach in his book Laboratories Against Democracy and the forthcoming Moore v. Harper case in the U.S. Supreme Court, which grapples with what's come to be known as the Independent State Legislature Theory.Sutton is the  Chief Judge of the United States Court of Appeals for the Sixth Circuit. He was previously a partner with the law firm of Jones Day and served as State Solicitor of the State of Ohio. He also served as a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia, and the Honorable Thomas J. Meskill. His previous book is 51 Imperfect Solutions, published in 2018.Who Decides: States as Laboratories of Constitutional ExperimentationAdditional InformationDemocracy Works PodcastMore shows from The Democracy Group

American Democracy Minute
Episode 115: The Moore vs. Harper "Independent State Legislature Theory" Case May Have Dramatic Consequences for American Democracy

American Democracy Minute

Play Episode Listen Later Oct 3, 2022 1:29


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.

Democracy Works
When should the states decide?

Democracy Works

Play Episode Listen Later Sep 26, 2022 46:20


Following the Dobbs  v. Jackson Women's Health Organization Supreme Court decision, reproductive rights are heading to ballots in states across the country this fall. Are states the right venue for this and other issues? Our guest this week says yes and makes the case that state courts and constitutions are more democratic than their counterparts at the federal level.In Who Decides? State as Laboratories of Constitutional Experimentation, U.S. Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. We also discuss work by Jake Grumbach in his book Laboratories Against Democracy and the forthcoming Moore v. Harper case in the U.S. Supreme Court, which grapples with what's come to be known as the Independent State Legislature Theory.Sutton is the  Chief Judge of the United States Court of Appeals for the Sixth Circuit. He was previously a partner with the law firm of Jones Day and served as State Solicitor of the State of Ohio. He also served as a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia, and the Honorable Thomas J. Meskill. His previous book is 51 Imperfect Solutions, published in 2018.Who Decides: States as Laboratories of Constitutional Experimentation

FiredUp
FiredUp Ep 140 - Queen Elizabeth, Sept 11th and more

FiredUp

Play Episode Listen Later Sep 12, 2022 58:19


This week on FiredUp: - Queen Elizabeth II died at the age of 96 on September 8th. We pay our respects to the longest serving Monarch in the history of the United Kingdom. - This past Sunday was the 21st anniversary of the Terrorist Attack on the World Trade Center, Pentagon and the passenger-thwarted attempt that crashed in a field in central PA. We honor the memory of those we lost and the brave souls that foiled the third attempt. - We are focusing this episode on a discussion of Independent State Legislature Theory. A concept promoted by some ultra conservatives as a means to gain and exercise near total control over the voting process in this country. If brought into existence, the State Legislatures would have the ability to select their own Slate of Electors to choose the President and Vice-President of the United States. We look at what it is and where it came from.

Sharon Says So
178. Independent State Legislature Theory Explained with Akhil Reed Amar, Part 2

Sharon Says So

Play Episode Listen Later Sep 9, 2022 25:25


On this episode of the Sharon Says So Podcast, Sharon continues her conversation with constitutional law professor Akhil Reed Amar. They shift gears a little from the U.S. Constitution to a discussion about the controversy around Independent State Legislature Theory. You may have heard it talked about in connection with the upcoming supreme court case, Moore vs. Harper, but the nuances can be tricky to understand. Amar explains the obscurities of the theory and why state legislatures should not be considered independent from the state constitutions that gave them birth. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.

Strict Scrutiny
Debunking the Independent State Legislature Fantasy

Strict Scrutiny

Play Episode Listen Later Sep 5, 2022 63:31


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. 

The Citizen's Guide to the Supreme Court
The 2022 SCOTUS Fall Line-Up

The Citizen's Guide to the Supreme Court

Play Episode Listen Later Aug 7, 2022 46:39


This week's episode previews some of the cases that will be covered next term, including cases about Delaware, Voting Rights, the Chevron Doctrine, Andy Warhol, Native American Sovereignty, the Independent State Legislature Theory and Affirmative Action.  Your boys also discuss next week's Live Season Finale Episode.  The law startst at (06:30).

All Sides with Ann Fisher Podcast
A look at independent state legislature theory

All Sides with Ann Fisher Podcast

Play Episode Listen Later Jul 27, 2022 50:02


The independent state legislature theory is a fringe legal theory that would turn that understanding on its head and vest all power in state legislatures, removing the governor and state courts from redistricting and other election administration issues.

All Sides with Ann Fisher
A look at independent state legislature theory

All Sides with Ann Fisher

Play Episode Listen Later Jul 27, 2022 50:02


The independent state legislature theory is a fringe legal theory that would turn that understanding on its head and vest all power in state legislatures, removing the governor and state courts from redistricting and other election administration issues.

Public News Service
PNS Daily Newscast - July 20, 2022

Public News Service

Play Episode Listen Later Jul 20, 2022 6:00


Election officials fear the "Independent State Legislature Theory" could harm democracy, offshore wind power is coming to East Hampton, N.Y., and gunshot detection technology raises concerns in Portland, Ore.

Public News Service
PNS Daily Newscast - July 20, 2022

Public News Service

Play Episode Listen Later Jul 20, 2022 6:01


Election officials fear the "Independent State Legislature Theory" could harm democracy, offshore wind power is coming to East Hampton, N.Y., and gunshot detection technology raises concerns in Portland, Ore.

Girl and The Gov, The Podcast
Moore v. Harper, Independent State Leg. Theory, Constitutional Crisis with Ben Sheehan

Girl and The Gov, The Podcast

Play Episode Listen Later Jul 13, 2022 58:33


We're back with Ben, Ben Sheehan to be exact, for an episode on the case that has us politicos at the edge of seats – Moore v. Harper. A case that calls upon a once fringe theory, Independent State Legislature Theory, we talk about whether or not SCOTUS taking this case on will take us on the express train to a constitutional crisis. Naturally, we talk about what's likely to happen here, how this all came to be, and what we can do now (like literally NOW) to lessen the potential impact. P.S. Go listen to our Top Stories epi released yesterday AKA the episode right before this one ;) Ben Sheehan: https://www.instagram.com/bensheehan/?hl=en Ben Sheehan's First GATG Eppy: https://podcasts.apple.com/us/podcast/the-constitution-explained-with-ben-sheehan-author-of/id1533621122?i=1000524759544 Subscribe to our YouTube: https://www.youtube.com/channel/UCXZu8SynwiQzElPxfJ_SCcw Winc (21+ only): https://winc.mivh.net/vn1kZW Brand Ambassador Program: https://www.girlandthegov.com/the-ambassadors Internship Description: https://www.girlandthegov.com/careers Join our Tennis Club via Break The Love: https://www.breakthelove.com/clubs/girlandthegov Follow us on Pinterest: https://pin.it/61MuWuo --- Support this podcast: https://anchor.fm/girl-and-the-gov-the-podcast/support