'If the Supreme Court turns this fringe notion into law, there will be crushing consequences for American voters and our multiracial democracy.'
As you know, the Supreme Court agreed to hear Moore v. Harper, a case in which some North Carolina legislators have asked the Court to embrace the so-called independent state legislature notion. This is the radical claim positing that the Constitution removes the normal checks on state legislatures when they regulate federal elections.You've already heard that this claim is wrong.
Yes, voters could bring their case to federal court. But the Supreme Court has gutted the most powerful provisions of the Voting Rights Act and undercut other federal voter protections. Policies enacted through direct democracy—like mail voting, same day registration, and even voter ID—could be wiped off the books for federal elections.
Election officials would be forced to administer a two-tiered system, with different policies for state and federal elections. It will be unclear which rules actually apply. And if election officials don't know what the law is, voters surely won't.The radical idea could enable legislatures to manipulate election outcomes. For instance, they could enact arbitrary rules for counting votes.
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