Supreme Court Announcement Has Democrats Freaking Out
by Kari Donovan
February 14, 2023
OPINION: This article contains commentary which may reflect the author’s opinion
Democrats have clearly tried every scheme known to grasp the power of North Carolina ever since Conservatives gave the citizens of the state hope of a better future during the oppressive years under Barack Obama. In those years, some of the same names we see in the General Assembly and the State’s high court were leading a Conservative wave through the state.
Then a bunch of radical Marxist usurpations, led by radicals from Obama’s orbit, and politics seemed somewhat bleak in the state.
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Now the embattled state known as the “tar heel’ state, whose state motto is “First in Freedom’, might be leading the nation in election reform, and that could change everything for 2024.
Here is a key to understanding what is about to unfold: Moore v. Harper is an ongoing United States Supreme Court case related to the independent state legislature theory, arising from the redistricting of North Carolina’s districts by the North Carolina.
“The independent state legislature theory or independent state legislature doctrine (ISL) posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state’s elected lawmakers without any checks and balances from state courts, governors, or other bodies with legislative power (such as constitutional conventions or independent commissions).
In other words- we are a Republic- if we can keep it. And those radical Marxists are not pleased about the idea.
Martin Walsh reported for Conservative Brief on the details of how the 2022 elections may have changed everything:
North Carolina’s closely-watched election case is before the U.S. Supreme Court and could upend the 2024 presidential race.
“Conservative Supreme Court justices appeared skeptical about a state court’s decision to strike down Republican-drawn congressional districts in North Carolina, but it seemed unlikely a majority would embrace a broad theory that could upend election law nationwide. The appeal brought by North Carolina Republicans asks the court, which has a 6-3 conservative majority, to embrace a hitherto obscure legal argument called the ‘independent state legislature theory,’ which could strip state courts of the power to strike down certain election laws enacted by state legislatures,” the New Yorker reported.
“The independent state legislature argument hinges on language in the Constitution that says election rules ‘shall be prescribed in each state by the legislature thereof.’ Supporters of the theory, which has never been endorsed by the Supreme Court, say the language supports the notion that, when it comes to federal election rules, legislatures have ultimate power under state law, potentially irrespective of potential constraints imposed by state constitutions,” the outlet added.
“Backed by Republican leaders at the N.C. General Assembly, the crux of the argument is that they and all other state legislators should have much broader power to write election laws, with courts mostly not allowed to stop them by ruling their actions unconstitutional. They’ve been tight-lipped about the case since filing it this spring, mostly preferring to avoid commenting on it to reporters and instead doing their talking through legal briefs. Beyond redistricting the case also has the potential to change how North Carolina and the 49 other states handle everything from early voting and mail-in ballots rules to voter ID, recounts, post-election audits, and anything else that could possibly affect an election,” the outlet added.
The New Yorker didn’t sound hopeful for the Republican effort; however, there’s been another significant turn of events after the 2022 elections flipped the power of the NC high court to the Republicans.
And now, the newly Republican-controlled North Carolina Supreme Court will rehear a major redistricting case at the heart of one of the biggest Supreme Court decisions expected this year, and the shockwaves are being felt over the nation’s political arena- in anticipation.
“The North Carolina high court’s impudence has national implications. If the court reverses its previous rulings, the Moore v. Harper case, pending before the U.S. Supreme Court, could be rendered moot. That case addresses the independent state legislature theory, which suggests that a state constitution cannot limit a state legislature when it determines the rules for federal elections. The theory would give state legislatures free rein to impose restrictive voting laws even if they violate the state constitution. As election law professor Rick Hasen notes, mooting that case could have devastating consequences if the issue arises again in the context of a disputed presidential election,” the Washington Monthly reported.
As Walsh points out, Democrats, who can’t tolerate our Representative Republic,” are out in full force pushing their usual talking points by claiming it could “end democracy.”
Kathay Feng, who leads the anti-gerrymandering group Common Cause, called it “the case of the century.”
“It is a case that asserts a bizarre and fabricated reading of the United States Constitution … to create a situation where elections are already rigged from the start,” she told Will Doran of the Charlotte News and Observer.
Eric Holder, a Democrat and former U.S. attorney general under Barack Obama, said it “should keep every American up at night.”
Michael Luttig, a Republican and retired federal judge who George W. Bush considered nominating to the Supreme Court, recently called it “the single most important case on American democracy” of the last 250 years.
A ruling could come in early 2023 and Democrats are clearly worried about it. They should be worried about what is upended in the state’s election system.
Some people will remember that in late September 2020, weeks ahead of the official election date, there was a dust-up in the state when radical Marxist attorney Marc Elias bypassed the North Carolina General Assembly and, with the help of Democrat sweetheart, State Board of Elections Director, Karen Binson Bell, who together changed election laws while the state was in early voting- to expand on ballot harvesting opportunities with mail-in ballots.
One man, a Black Conservative Republican named Ken Raymond, quit his job with the State Board of Elections in protest of the action.
Reuters reported on that at time. That sounds a lot like a Civil Rights issue.
At the time, Lt. Governor Dan Forest, also a then-Republican candidate for Governor, alerted then-Attorney General William Barr about a potential civil rights issue in the elections. Barr never responded to Forest, who then lost to radical Marxist-Democrat Roy Cooper.
