John,

Today I’m writing to you about a legal theory so radical — and so dangerous to our democracy — that last week the bipartisan group of all 50 state supreme court justices came together to urge our nation’s Supreme Court to reject it. It could, in essence, give state legislatures unfettered power over our elections, with no oversight by state courts, laws, or even their constitutions.

Unfortunately, the far-right activists who spent hundreds of millions of dollars to get this majority in power are urging for its acceptance, and four of the six conservative justices have already signaled some favorability to the so-called independent state legislature (ISL) theory.

John, I’ll explain more about this theory in a moment. But first, for those of you who don’t have the time or already know about ISL, would you consider chipping in $10 today? If it becomes law, we may not get another chance to vote our values or empower anyone to do the same, so we urgently need to make the most of this election in Pennsylvania on November 8th.

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Here’s the core of why this case has garnered headlines like “This Case Before the Supreme Court Could Unravel Democracy for Decades” (Esquire) and “The court case that could transform U.S. elections” (Politico).

According to the radical theory’s proponents, the U.S. Constitution gives state legislatures alone the power to regulate elections, subject only to Congressional regulations, because there is no explicit mention of the judiciary. The Conference of Chief Justices and many others have thoroughly debunked this interpretation, but that means little with such a radical far-right majority as we now have on the U.S. Supreme Court.

As a result of this interpretation, the theory’s proponents argue no one has the authority to make state legislatures follow their own constitutions. Seriously. In their own words, they would have it so “nonlegislative actors… cannot invoke state constitutions as a basis to strike down or willfully ignore clear laws,” including legislative districts and other matters of voting rights.

The theory reached the U.S. Supreme Court as a defense of North Carolina’s Republican state legislature who gerrymandered 10 of the state’s 14 house seats where the state voted only 50.1% Republican in the 2020 presidential election. This is how it could play out in practice in other states including Pennsylvania.

ISL could even pave the way for legislatures to totally overturn election results and appoint their own electors, as nearly happened in legislatures across the nation in 2020.

John, the Supreme Court is expected to rule on this case next June, creating yet another threat to free and fair elections. That leaves us one way to protect our democracy: we have to elect a state legislature willing to stand up for the people of Pennsylvania. And the best thing we can do to ensure that happens is mobilize the Commonwealth’s communities of color, immigrant communities and the youth to get out and vote their values on November 8th. Will you donate $10 right now to help us do it?

DONATE NOW: [link removed]

In solidarity,

Katy Personette

Director of Development and Policy
The New Pennsylvania Project
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The New Pennsylvania Project was founded in May 2021 to expand Pennsylvania’s electorate, so it reflects the Commonwealth’s demographically changing population. In the next four years, NPP will engage and empower young residents and those living in under-represented communities of color and immigrant communities. We will register them to vote, provide education about the issues that matter in their neighborhoods, and mobilize people to vote in every election.

PA ELECTION DATES:
GENERAL: November 8, 2022

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