Quote:
Originally Posted by Jim in CT
But the constitution doesn't say judges can change their role if congress isn't doing a good job. It's up to the voters, not the courts, to fix a broken legislature. What you just said, seems to imply that you agree with me.
Judges aren't supposed to make decisions, based on whether or not they personally like what congress is doing. That's the definition of totalitarianism.
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Tell that to the conservatives majority in the us supreme court
And Republicans who want them to legislate from the bench
IT’s Republicans who are pushing
The The independent state legislature theory posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts, governors, or other bodies
There’s a thread that links the partisan gerrymandering of congressional maps in North Carolina, attempts to dissolve the Wisconsin Election Commission, and efforts to overthrow the 2020 presidential election in Pennsylvania and elsewhere. In each case, the participants have invoked a dubious interpretation of the Constitution called the “independent state legislature theory.”
Long relegated to the fringe of election law, the theory will soon be front and center before the Supreme Court, which has agreed to hear a case concerning the North Carolina congressional maps in the fall. If the Supreme Court were to adopt the theory, it would radically change our elections.
Then, after the 2020 election, President Trump and his allies used the independent state legislature theory as part of their effort to overturn the results. For a third time, the Supreme Court declined to adopt the theory. But three sitting justices — Clarence Thomas, Samuel Alito, and Neil Gorsuch —endorsed it.
But this court took up the case with the 3 above acceptance of the case
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