Author Topic: The Freakout Over The Elections Clause Continues After SCOTUS Oral Argument  (Read 262 times)

0 Members and 1 Guest are viewing this topic.

Offline Elderberry

  • TBR Contributor
  • *****
  • Posts: 22,049
Legal Insurrection by William A. Jacobson Wednesday, December 7, 2022

What don’t you understand about “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…”?

Today was oral argument at the U.S. Supreme Court in Moore v. Harper, a case considering the role of state legislatures as opposed to state courts in deciding how federal elections are conducted. The Elections Clause of the Constitution (Article I, Section 4) seems to answer the question:

“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.” [emphasis added]

Simple, right?

Yet Democrats are absolutely freaking out over the possibility the so-called “independent state legislature theory” would prevail at SCOTUS. We covered the early stages of the freakout in early July 2022, when SCOTUS agreed to hear the case, “The Nightmare Scenario SCOTUS is Plotting For the 2024 Election Takeover” – Fear Mongering Over Upcoming Moore v. Harper Case:

    Here we go again. The End of Democracy. You know, like when the Supreme Court ruled that abortion rights should be determined through the state electoral process, not by federal courts. And when it declared that the EPA could exercise powers over major issues only if the duly-elected Congress clearly enabled such action in legislation. Such a threat!

    Here we go again. The politicians and media that brought you those End of Democracy narratives, and the Russia Collusion hoax, have a new demon to spend the next several months foaming about: Moore v. Harper, which the Supreme Court recently agreed to hear next term….

More: https://legalinsurrection.com/2022/12/the-freakout-over-the-elections-clause-continues-after-scotus-oral-argument/