Although the decision will not have a large impact on North Carolina, I’m glad this independent legislature theory is squashed. The idea that the state legislature should have unchecked authority is directly at odds with democratic principles.
this post was submitted on 27 Jun 2023
32 points (100.0% liked)
World News
22058 readers
56 users here now
Breaking news from around the world.
News that is American but has an international facet may also be posted here.
Guidelines for submissions:
- Where possible, post the original source of information.
- If there is a paywall, you can use alternative sources or provide an archive.today, 12ft.io, etc. link in the body.
- Do not editorialize titles. Preserve the original title when possible; edits for clarity are fine.
- Do not post ragebait or shock stories. These will be removed.
- Do not post tabloid or blogspam stories. These will be removed.
- Social media should be a source of last resort.
These guidelines will be enforced on a know-it-when-I-see-it basis.
For US News, see the US News community.
This community's icon was made by Aaron Schneider, under the CC-BY-NC-SA 4.0 license.
founded 2 years ago
MODERATORS
It would have been the end of democracy in the USA, effectively. If "independent legislature" had passed, republican states would have never accepted an election result again.
Justices Samuel Alito, Clarence Thomas and Neil Gorsuch would have dismissed the case because of the intervening North Carolina court action.
Was this the crux of their dissent, or did they disagree with the actual ruling in regards to the independent legislature theory? Having 3 justices endorse that theory would be alarming.
Happy this is settled for at least this iteration of the court. The idea that state legislatures can ignore their own state Constitution, that they themselves wrote, is absurd and paradoxical. Being bound by the state constitution isn't giving or sharing power with the state courts, it's a limitation placed on themselves by the state legislature.