Wednesday, June 28, 2023

A Good One

It’s cause to celebrate that on Tuesday the Supreme Court struck down the crackpot legal theory I wrote about in two recent essays, A Bad Case and Terminal Politics. The absurd independent-state-legislature-theory (ISLT) is based on an interpretation of the Constitution that would allow any state legislature to determine the outcome of a federal election however it chooses to do so.

Luckily for all of us (as well as for democracy), the Court rejected that theory by a solid margin of 6-3 yesterday.

Despite last year’s disastrous decision overturning a woman’s right to choose to have an abortion, this Court’s record on human rights is not all bad. Yesterday’s ruling went against a North Carolina initiative that would have gerrymandered electoral districts to an unconscionable degree.

So once again we’ve dodged a bullet, perhaps partly due to the powerful public reaction over the past year against the Court’s abortion ruling. That, plus the recent ethics scandals involving right-wing justices Thomas and Alito, have put the Court on the defensive.

This is confirmation, if one needed it, that the Court is not insulated from public opinion. On the contrary, it is very much a political entity, just like every other part of the federal government.

Concerned citizens, therefore, need to continue to make our voices heard: Most of us oppose the extremist movement that seeks to undermine the integrity of our election system, and we need a Supreme Court with the gumption to help stop it in its tracks.

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