Next Up: Supreme Court may let legislatures decide the 2024 Presidential Election

The Supreme Court has taken a redistricting case for next year that could take the 2024 Presidential Election out of the hands of the voters and the the Governors and put them exclusively in the domain of the state legislatures. Tom Hartman has the best explanation I have seen: Beware: The Supreme Court Is Laying Groundwork to Pre-Rig the 2024 Election <read>

This scenario isn’t just plausible: it’s probable. GOP-controlled states are already changing their state laws to allow for it, regardless of how their people vote…

It’s not particularly ambiguous, even as clarified by the 12th Amendment and the Electoral Count Act of 1887.

Neither mentions the will of the people, although the Electoral Count Act requires each state’s governor to certify the vote before passing it along to Washington, DC. And half of those states have Democratic governors.

Which brings us to the Supreme Court’s probable 2023 decision. As Robert Barnes wrote yesterday for The Washington Post:

‘The Supreme Court on Thursday said it will consider what would be a radical change in the way federal elections are conducted, giving state legislatures sole authority to set the rules for contests even if their actions violated state constitutions and resulted in extreme partisan gerrymandering for congressional seats.’
While the main issue being debated in Moore v Harper, scheduled for a hearing this October, is a gerrymander that conflicts with North Carolina’s constitution, the issue at the core of the debate is what’s called the ‘Independent State Legislature Doctrine.’

It literally gives state legislatures the power to pre-rig or simply hand elections to the candidate of their choice.

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