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Moore v Harper SCOTUS arguments today, the case that could destroy our democracy (Original Post) LymphocyteLover Dec 2022 OP
I listened to it this morning True Blue American Dec 2022 #1
Good to hear, thanks LymphocyteLover Dec 2022 #3
That's something I'd like to hear! elleng Dec 2022 #5
TY, TBA.. do you know Cha Dec 2022 #13
The arguments are finished. gab13by13 Dec 2022 #2
it couldn't be more serious for our future... this freaking fascist SCOTUS is out of control LymphocyteLover Dec 2022 #4
States can already select electors Zeitghost Dec 2022 #6
Do you believe that this will only apply to gerrymandering? gab13by13 Dec 2022 #8
That is already possible Zeitghost Dec 2022 #12
If the radical Supreme Court corrupts the election process Mysterian Dec 2022 #7
That definitely won't happen now that the GQP controls the House NYC Liberal Dec 2022 #9
The House has nothing to do with confirming Judges, MarineCombatEngineer Dec 2022 #23
They said "pack the court". I assume they meant expanding the number of seats. NYC Liberal Dec 2022 #24
They did and still the House has no say in who gets confirmed. MarineCombatEngineer Dec 2022 #26
Expanding the size of the Supreme Court requires legislation NYC Liberal Dec 2022 #27
You are correct, so I apologize for the misinformation. MarineCombatEngineer Dec 2022 #28
Absolutely, add 4 more justices. gab13by13 Dec 2022 #10
I don't see how those of us Cha Dec 2022 #11
Nobody would Mad_Machine76 Dec 2022 #14
TY Mad Machine.. Cha Dec 2022 #16
Yes Mad_Machine76 Dec 2022 #17
Oh boy! 🤞🤷‍♂️🤞💕 TY! nt Cha Dec 2022 #19
According to the Brennan Center, elleng Dec 2022 #15
Thanks. Very readable explanation. Michael Waldman can Hortensis Dec 2022 #29
I listened to the live stream. Neil Gorsuch is impossible! In It to Win It Dec 2022 #18
Republicans sure know how to pick 'em Mad_Machine76 Dec 2022 #20
For this thread LetMyPeopleVote Dec 2022 #21
K&R bdamomma Dec 2022 #22
Freepers have no love for Kavanaugh and Barrett Kaleva Dec 2022 #25

Cha

(297,089 posts)
13. TY, TBA.. do you know
Wed Dec 7, 2022, 04:08 PM
Dec 2022

when we find out if we lose our Democracy or not?

I don't see how Democracy Loving Americans would stand for this without a Fight to Save our Democracy?

gab13by13

(21,287 posts)
2. The arguments are finished.
Wed Dec 7, 2022, 03:13 PM
Dec 2022

Just 3 hours of debate to decide the fate of our democracy. Once the states have unchecked power to run elections Magats won't have to worry about who won, they can pick their own electors regardless of the popular vote.

Bye bye checks and balances.

Thomas, Gorsuch, and Alito are locks to destroy democracy.

Zeitghost

(3,856 posts)
6. States can already select electors
Wed Dec 7, 2022, 03:35 PM
Dec 2022

Without a public vote. It has always been that way.

The issue here is congressional elections.

gab13by13

(21,287 posts)
8. Do you believe that this will only apply to gerrymandering?
Wed Dec 7, 2022, 03:43 PM
Dec 2022

It all depends on the final decision, but if the SC gives the states unchecked authority they will not stop with Congressional elections.

As far as states choosing electors for the Electoral college, this decision will give states the authority to disregard how the people voted for president, just what Trump and Eastman wanted.

Zeitghost

(3,856 posts)
12. That is already possible
Wed Dec 7, 2022, 03:51 PM
Dec 2022

And constitutional. There is nothing in federal law or the constitution that requires a public vote to select electors. Each of the states has chosen to do so, but they could also choose not to.

Article II Section 1:
"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

MarineCombatEngineer

(12,348 posts)
26. They did and still the House has no say in who gets confirmed.
Thu Dec 8, 2022, 10:28 PM
Dec 2022

it's the exclusive job of the Senate to confirm Fed. Judges.

NYC Liberal

(20,135 posts)
27. Expanding the size of the Supreme Court requires legislation
Fri Dec 9, 2022, 12:49 AM
Dec 2022

That has to be passed by the House and the Senate.

MarineCombatEngineer

(12,348 posts)
28. You are correct, so I apologize for the misinformation.
Fri Dec 9, 2022, 12:52 AM
Dec 2022

Also, you're right about nothing getting done as long as the repukes have the majority in the House.

Cha

(297,089 posts)
11. I don't see how those of us
Wed Dec 7, 2022, 03:47 PM
Dec 2022

in the Majority, who Treasure our Democracy, would stand for minority rule.?

Mad_Machine76

(24,402 posts)
14. Nobody would
Wed Dec 7, 2022, 04:20 PM
Dec 2022

Last edited Wed Dec 7, 2022, 05:22 PM - Edit history (1)

Republicans should be careful what they wish for because they will freak TF out when the shoe is on the other foot. If Republicans don't want Democratic-controlled states changing the votes or subverting elections when they rightfully win, then they shouldn't want to exercise that same power in states they control too. And no matter what they do, they may not control all of the states they control now forever either.

Mad_Machine76

(24,402 posts)
17. Yes
Wed Dec 7, 2022, 05:19 PM
Dec 2022

Fortunately, the Twitter read on the arguments (for what they're worth) is that Barrett and Kavanaugh may not be sold on the "theory". Not always the best predictor of the final vote but there may yet be hope. It sounds like there is a lot of confusion about what ISL theory even is

elleng

(130,857 posts)
15. According to the Brennan Center,
Wed Dec 7, 2022, 04:29 PM
Dec 2022

'Moore v. Harper should be an easy case. There is no coherent theory of constitutional interpretation under which the independent state legislature theory makes sense.'

https://www.brennancenter.org/our-work/analysis-opinion/moore-v-harper-heads-high-court?

Hortensis

(58,785 posts)
29. Thanks. Very readable explanation. Michael Waldman can
Fri Dec 9, 2022, 01:09 AM
Dec 2022

explain legal issues to me any time, and I wish he would.

My best guess is that, if it's rejected, it'll be because of the blatant indefensibility of this particular attack on representative government, a desire of some justices to still be seen as respectable, not for lack of a coherent constitutional argument per se.

Kaleva

(36,293 posts)
25. Freepers have no love for Kavanaugh and Barrett
Thu Dec 8, 2022, 01:30 PM
Dec 2022

Who they consider to be members of the Swamp, the Uniparty, the GOPe, or the Deep State..

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