The case Democrats dread the most just got added to the Supreme Court’s docket.
Conservative Justices could close off one major avenue for Democrats to rig the next election.
And the Supreme Court just hit Democrats with some bad news about the 2024 election.
During the 2020 election, the independent state legislature’s doctrine grew in prominence on the Right.
Democrat election officials and judges unilaterally took it upon themselves to change state election laws, allowing Democrats to supercharge mail-in-voting turnout and boost Joe Biden’s chances of victory.
Conservatives argued this ran afoul of the Constitution, which reserved the right to determine election procedure with the state legislature.
Article One, Section Four, Clause One – the Election Clause – reads:
The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.
The Supreme Court will now put the independent state legislature doctrine to the test next term.
At least four Justices agreed to hear a challenge by the North Carolina Republican Party to the State Supreme Court – which is controlled by Democrats – striking down the Congressional map that the Republican-controlled state legislature drew.
Lawyers representing the State Supreme Court wrote that it is “repugnant to the sovereignty of states, the authority of state constitutions and the independence of state courts, and would produce absurd and dangerous consequences.”
Last March, the Court denied an emergency appeal from the North Carolina Republican Party, but at least some of the conservative Justices felt the case should be heard at some point.
“This case presents an exceptionally important and recurring question of constitutional law, namely, the extent of a state court’s authority to reject rules adopted by a state legislature for use in conducting federal elections,” Justice Alito, Thomas, and Gorsuch wrote.
Justice Kavanaugh agreed, but felt the Court needed to take up the case without the prospect of it taking place during an election year.
“The issue is almost certain to keep arising until the Court definitively resolves it,” Justice Kavanaugh wrote.
Justice Kavanagh added that the Court should hear arguments over the independent state legislature doctrine “in an appropriate case — either in this case from North Carolina or in a similar case from another state.”
Democrats panicked over this decision.
In 2024, Democrats may lose the ability of partisan officials and judges to stack the rules in their candidate’s favor.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.