Robert ReichWe’re about to witness one of the most important cases ever to come before the Supreme Court.
Moore v. Harper could let extremist state legislatures disregard the popular vote and choose their preferred presidential candidate.
That's not hyperbole.
EyalLThe awful part is that a naive reading of the constitution seems to allow legislatures to do this.
Of course the constitution did not foresee gerrymandering.
If this comes to pass, perhaps the blue states ought to secede to retain their democracy?
DaisyDog@EyalL @rbreich would SCOTUS be so brash as to throw out centuries’ of precedent and custom? Their ‘comservative’ amd ‘originalist’ arguments on other matters uphold the notion of continuity with XVII-XIX c. praxis, and even far older. They realize that ‘Independent Legislature’ is an ahistorical distortion of a constitutional expression left terse and vague not for the sake of preventing judicial oversight of election law but to ensure broad applicability.
Iiuc there's no precedent here, just custom. And custom has no legal standing afaik (not a lawyer!)
And the constitution explicitly says legislatures decide how to elect the president, not the people.
This would be reasonable in a world without gerrymandering. Because it'd approximate the will of the people alright.