Good morning, Greetings from the Aspen Ideas Festival! HEADLINES I thought today would be a great time to do my periodic “best of” headlines. Here are the great and small: The Supreme Court struck down the ludicrous “independent legislature doctrine.” In a rebuke of this new and dangerous way of interpreting the Constitution, the Supreme Court saved us from state legislatures run wild, when they upheld the decision in Moore v. Harper. In a nutshell, Republican legislators filed suit against the state Supreme Court for overturning a gerrymandering regime, arguing that the right to manage elections is vested in state legislatures, per the U.S. Constitution. As such, their argument went, the state courts had no right to judicial review. Needless to say, the potential negative ramifications are significant. As a result of this case, state Supreme Courts will have the ability to oversee election gerrymandering and election law activities by State legislatures. Judicial review has its place and state legislatures have guardrails—and thank goodness.
#695 Musings Beyond the Bunker (Thursday June 29)
#695 Musings Beyond the Bunker (Thursday June…
#695 Musings Beyond the Bunker (Thursday June 29)
Good morning, Greetings from the Aspen Ideas Festival! HEADLINES I thought today would be a great time to do my periodic “best of” headlines. Here are the great and small: The Supreme Court struck down the ludicrous “independent legislature doctrine.” In a rebuke of this new and dangerous way of interpreting the Constitution, the Supreme Court saved us from state legislatures run wild, when they upheld the decision in Moore v. Harper. In a nutshell, Republican legislators filed suit against the state Supreme Court for overturning a gerrymandering regime, arguing that the right to manage elections is vested in state legislatures, per the U.S. Constitution. As such, their argument went, the state courts had no right to judicial review. Needless to say, the potential negative ramifications are significant. As a result of this case, state Supreme Courts will have the ability to oversee election gerrymandering and election law activities by State legislatures. Judicial review has its place and state legislatures have guardrails—and thank goodness.