The Independent State Legislatures doctrine used to be a fringe theory, but not anymore. Multiple Supreme Court justices are on the record in support of it. Right-wing legal activists from the Federalist Society and its “Honest Elections Project” are pushing for it in legal briefs authored by white-shoe law firms (BakerHostetler, counsel for the Honest Elections Project, has defended Republican gerrymandering in Pennsylvania and North Carolina.) And some GOP-controlled state legislatures, including Arizona, are considering bills that would allow them to intervene in presidential elections to choose electors themselves if election results are “unclear.” If a state were to pass this type of law, it would set the stage for a court to agree that the Independent State Legislature doctrine requires that in some circumstances, state legislatures rather than voters should determine election outcomes.
As Jane Mayer reported recently, right-wing funders like the Bradley Foundation and the American Legislative Exchange Council (ALEC) have been working with Republican state legislators to advance ways to re-engineer how states allocate Electoral College votes. Last year, a GOP state representative from Arizona, Shawna Bulick, sat on an ALEC-convened working group that discussed the Electoral College, and this year, she introduced a bill that would have given the state legislature power to undo the certification of presidential electors by a simple majority vote up until the inauguration.
WASHINGTON, D.C. — The Supreme Court’s recent decision to guarantee the constitutional right of people to carry firearms in public spaces for the purpose of self-defense has become a complicated issue for Black Americans.
The court struck down a New York law that required people have a specific reason to obtain a concealed carry permit. But other types of requirements can stay.
The Supreme Court on Friday eliminated the constitutional right to obtain an abortion, casting aside 49 years of precedent that began with Roe v. Wade.
May the United States rule foreign territories without granting their inhabitants constitutional rights? Yes, according to landmark Supreme Court decisions in the “Insular Cases” more than a century ago. Without those decisions, our overseas territorial empire could not have existed.
The revelation that the Supreme Court is poised to overturn the Roe v. Wade decision has not motivated left-wing democrats to effectively mobilize on an issue they claim to care about. They are made powerless by their dependence on liberalism and loyalty to people like Barack Obama who undermine them.
As to Neuburger’s on Roe v. Wade, the fact that many people are mighty unhappy about it being overturned is not germane unless they manage to pass new Federal legislation, which seems unlikely. Women’s advocacy groups collectively need to be taken out and shot. If you read the original ruling, it’s a handwave. It was always vulnerable to being reversed. And yet those with most to lose did nothing to protect their rights. The response to abortion doctors being shot and women going to abortion clinics being threatened didn’t elicit remotely the warranted level of outrage. This action should have been made domestic terrorism in the laws of the Democratic-leaning states and prosecuted as such. The defenders of abortion acting like a bunch of wimps helped pave the way to where we are.
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