Friend, amid all the justified outrage around the Supreme Court's decisions to overturn Roe v. Wade , strike down gun safety laws in New York, and undo decades of climate policy, there has been one important, perhaps more ominous, development that we can't let get lost in the shuffle.

The Supreme Court has agreed to hear Moore v. Harper , a case regarding redistricting in North Carolina that could have massive, far-reaching consequences for elections moving forward. In short, the court could choose to establish the idea of "independent state legislatures" who alone have the power to regulate and oversee all aspects of state elections -- meaning that even state courts or election officials could not intervene. This means that extreme state legislatures would become immune to judicial review when passing things like voting restrictions or even, in the worst case scenario, throwing an election. It's the Big Lie codified into nearly untouchable law. And now the Supreme Court is going to decide on it.

Judge Luttig -- you may remember him as the conservative legal scholar who testified before the January 6th Committee that Trump and his allies were a "clear and present danger" to our democracy -- is also very concerned about the Moore case. He has clearly connected the dots around what Trump, Eastman, and the rest were doing in the courts after Trump's loss in November 2020, and he realized that the independent state legislature doctrine is the next domino they are trying to knock over: “Trump and the Republicans can only be stopped from stealing the 2024 election at this point if the Supreme Court rejects the independent state legislature doctrine.”

It is clear that extremists at the state level are pushing legislation and legal actions that they are confident will survive their maze of Trump-appointed conservative judges to finally have their day in the Supreme Court, where the activist, conservative majority can cement into judicial law policies thought to be too far right to ever be passed as legislation. And of course, this is regardless of the fact that on these issues, the Court is out of touch with a vast majority of Americans. That is by design and part of the ultra-MAGA anti-democratic playbook.

That's why it's critical to be able to nominate and confirm judges like Justice Jackson who will follow the Constitution and not go rogue to help the far right cling to power. That means holding the Senate and, yes, winning the presidency again in 2024. But it is not just these races. It's state Supreme Court races, elections for governors, secretaries of state, and attorneys general, where we can head off these decisions and stop the spread of extremism in its tracks.

I'll be on the road this week helping get the word out for some worthwhile Democratic candidates around the country, and I'll fill you in on that soon. But we can't let them sneak this decision in North Carolina past us. You can help too: I hope you'll forward this email to someone who you think needs to hear about it. We need to get the word out.

-Doug

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