During Wednesday’s oral argument on Moore v. Harper, Justice Elena Kagan said that the “independent state legislature” theory would have big consequences.
Justice Kagan: “This is a proposal that gets rid of normal checks and balances on the way big governmental decisions are made in this country… And you might think that it gets rid of normal checks and balances at exactly the time when they are needed most.”
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We’ve seen unprecedented attempts from anti-democratic extremists to silence voters and secure their own political power. If SCOTUS opens the door for the ISL theory, it will only be easier for them to subvert democracy.
Justice Kagan brought up concerns about legislators enacting restrictions on voting, eliminating voter protections, and obstructing election certifications -- this is why she said implementing the ISL theory would have big consequences.
No matter how SCOTUS decides this case, we know extremists will continue their attacks on free and fair elections. Make a donation to help AOTL hold them accountable.
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We know history is on our side. Justice Kagan even referenced the recent SCOTUS decisions that support the past 100 years of legal precedent.
But we also know the fight is not over. Thank you for your support!
-- AOTL Team
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