The SCOTUS is now a wholly owned subsidiary of the radical right-wing GOP


"But the dissent authored by Justice Samuel Alito and joined by Justices Neil Gorsuch and Clarence Thomas, along with, to a lesser degree, a concurrence from Justice Brett Kavanaugh, offer a dark indication as to where the right wing of the bench would like to go. The dissenters say that North Carolina Republicans had the stronger argument and likely would have won on the merits to get the court’s map invalidated.
“That some of the justices rejected outright state court interpretations of state statutes is, frankly, a power grab by the Supreme Court,” Carolyn Shapiro, law professor and founder of Chicago-Kent’s Institute on the Supreme Court of the United States, told TPM. “It’s an astonishing shift of authority over election law from state courts to federal courts, but primarily to the Supreme Court.”
Kavanaugh writes that he wants to take up the case, or one like it, in the future, but that it’s currently too close to an election for the federal judiciary to intervene.
Gorsuch, Alito and Thomas also expressed their support in the dissent for the “independent state legislature theory,” which rests on an ultra-narrow and literal reading of a couple constitutional clauses. The Elections Clause of the Constitution gives state legislatures the power to dictate the “times, places and manner” of holding elections. The Electors Clause gives state legislatures the power to appoint presidential electors in the “manner” they choose."

https://talkingpointsmemo.com/news/supreme-court-independent-state-legislature-kavanaugh-gorsuch-barrett?fbclid=IwAR0UjeuxaZyEXEgn3osEp1Xl5LJNBFuDMiqx-VyPH_BJKRNecGvMAp5vg-k

Comments

Popular posts from this blog

Two sides

Who chooses?

Black Earth