Ever since the 2020 US Presidential Election, Republicans have heavily pushed to strengthen our election laws, as well as push legal action against voting irregularities. States like Georgia have taken several actions to push forth legislation that is aimed at making elections more secure.
One of the top issues Republicans have put into the spotlight was the neglect of power of state legislatures as states like Pennsylvania changed voting laws prior to the election without going through their state’s legislature. This is a complete violation of Article I, Section 4, Clause 1 of the US Constitution which states:
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“Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. Id.”
That being said, Republicans in states like North Carolina and Pennsylvania are continuing to fight to put the power of elections back in the hands of their state legislatures.
Justice Brett Kavanaugh has stated “The issue is almost certain to keep arising until the Court definitively resolves it,” back in March.
In order for this case to move forward, the Court requires at least 4 justices to decide to hear the case. Richard Hasen who is a professor of law has stated, “A ruling endorsing a strong or muscular reading of the independent state legislature theory would potentially give state legislatures even more power to curtail voting rights and provide a pathway for litigation to subvert the election outcomes expressing the will of the people,” in an email.
North Carolina Senate leader Phil Berger has stated, “Activist judges and allied plaintiffs have proved time and time again that they believe state courts have the ultimate say over congressional maps, no matter what the U.S. Constitution says,” when he filed for an appeal back in March.
According to an MSN.com report, “Its adoption would radically change our elections,” Ethan Herenstein and Tom Wolf, both with the Brennan Center’s Democracy Program at the New York University Law School, wrote earlier this month.