Dear John,

The Conference of Chief Justices, a bipartisan group representing the chief justices of all 50 state supreme courts, has filed an amicus brief with the U.S. Supreme Court in opposition to the once-fringe independent state legislature theory that the legislative branch has sole authority to manage federal elections and therefore state courts cannot rule that a legislature’s election-related actions are unconstitutional.^[1]

John Eastman, Trump’s lawyer who pleaded the fifth before a Georgia grand jury in the Fulton County election-interference probe at the end of August, filed a brief for the conservative Claremont Institute in the case, too. The brief acknowledged that the Supreme Court has ruled against the theory in multiple cases spanning the last century, but all of those rulings got it wrong and the court should undo that precedent now.^[2]

I wish we could depend on the U.S. Supreme Court to adhere to precedent, but if there’s one thing the Dobbs decision overturning Roe v. Wade taught us, we simply cannot.

I know there's a lot going on here, but Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, was directly involved in efforts to overturn the 2020 election. All of it using the independent state legislature theory as her core argument.

Ginni Thomas irreparably compromises Justice Thomas’ impartiality. Join more than a dozen other organizations representing more than 10 million Americans in demanding Justice Thomas recuse from Moore v. Harper by adding your name now.

Public pressure on the Supreme Court can work. Just ask Republicans. But it won’t work if they only hear from the other side.

Thank you for standing up and fighting to save our democracy by taking action today.

Robert Reich
Inequality Media Civic Action

^{[1] Chief justices from across the country have a problem with NC’s big Supreme Court case
[2] The court case that could transform U.S. elections}