Democrats were on the receiving end of more bad news at the Supreme Court.
The justices’ latest announcement has major election ramifications.
And the Supreme Court handed down a decision that left Trump grinning from ear to ear.
The Supreme Court added a case to its docket next term that will put to the test the independent state legislature doctrine.
Conservatives advanced this simple reading of the Elections Clause of the Constitution after Democrat judges and election officials unconstitutionally changed election law in key states to loosen the rules for mail-in voting.
These changes allowed Democrats to flood the system with mail-in ballots and boost their turnout to record levels.
Republicans argued this violated the Constitution which reserves the power to decide election administration for the state legislature.
Article One, Section Four, Clause One reads:
The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof;
The test case involved the North Carolina State Supreme Court striking down a proposed congressional map drawn by the GOP-controlled state legislature.
Back in March, the North Carolina State Supreme Court ruled the independent state legislature doctrine was “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.”
North Carolina Republicans filed an emergency appeal to the Supreme Court but were turned down.
Three conservative justices appeared very open to their argument.
“This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court’s authority to reject rules adopted by a state legislature for use in conducting federal elections,” Justice Alito, Thomas, and Gorsuch wrote in a dissenting opinion outlining why they would take the case.
A fourth – Justice Brett Kavanaugh – was open to hearing the case but felt the court would be better served by taking up the matter in a non-election year.
“The issue is almost certain to keep arising until the court definitively resolves it,” Justice Kavanaugh wrote.
Justice Kavanaugh added that he would like to hear arguments “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”
Democrats in Michigan, Pennsylvania and Wisconsin used the excuse of the COVID pandemic to institute vote-by-mail free-for-alls.
Republicans controlled the legislatures in all three states but because Democrats held secretary of state positions or majorities on the state Supreme Court, they were able to rig the rules in Joe Biden’s favor.
Conservatives on the Supreme Court are clearly wanting to establish clear rules of the road for election administration that align with the Constitution.
And with Joe Biden’s approval ratings tanking with no end in sight and the economy sliding into a recession the Democrats’ only chance to win in 2024 could be stacking the deck in their favor with unconstitutional changes to election law.
The Supreme Court could close off that avenue in this case.
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