From SCOTUS Alert (via the NDRC) <[email protected]>
Subject a right-wing theory so fringe, even prominent conservatives want nothing to do with it
Date May 3, 2023 6:47 PM
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Team, we need to talk about Moore v. Harper.

It’s a pending Supreme Court case where Republicans have advanced the fringe “independent state legislature theory.” If the Court endorses their position, it could give GOP legislatures unchecked power to gerrymander, suppress voting rights, and even undermine legitimate presidential election results.

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The theory is so extreme that even prominent conservatives have called the theory “radical” and warn its adoption could lead to “nightmare scenarios” for our democracy:

“It is rare to encounter a constitutional theory so antithetical to the Constitution’s text and structure, so inconsistent with the Constitution’s original meaning, so disdainful of this Court’s precedent, and so potentially damaging for American democracy.”
– Judge J. Michael Luttig, former Bush-appointed federal circuit judge

“An affirmation of the theory would be a constitutional travesty.”
– Steven G. Calabresi, co-founder of the Federalist Society

Team, when you’ve lost the Federalist Society – the conservative legal organization that recommends conservative judges across the country – you know you’ve gone too far.

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Republicans are trying to subvert our democratic system of checks and balances in a way we haven’t seen in decades – maybe not even in centuries. That means our work at the NDRC has never been more important.

Remember what A.G. Holder said: “Other generations of Americans have faced difficulties, and they have always found a way to protect our democracy. Thanks to people like you who are committed to this work, I suspect we will be able to do so as well.”

He’s right – together, we have the power to protect our democracy from those who seek to undermine it, just like so many in generations before have done. Are you with us?

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We don’t know how the Supreme Court will rule in Moore, team. But we do know that, no matter what happens, we must be prepared to continue our democracy-saving work.

We hope we can count on you.

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– The NDRC




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