#Moore Vs Harper

[imall4frogs]

From the page:

After three hours of oral arguments at the Supreme Court on Wednesday, only one thing is certain: If the justices want to blow up federal elections, they will have nothing to hide behind—not history, not logic, and certainly not the Constitution. The three lawyers defending democracy methodically dismantled the “independent state legislature” theory from every conceivable angle, debunking each myth, misreading, and misrepresentation deployed to prop it up. They bested the conservative justices who tried to corner them, identifying faulty reasoning and bogus history with devastating precision.

Those of us who’ve been ringing the alarm over this dangerous theory—and who’ve been disgusted by the campaign to drag it from the far-right fringe all the way to the Supreme Court—can take solace knowing that these capable lawyers exposed it as an utter fraud. This idea was at the center of Donald Trump’s efforts to overturn the 2020 election, so it was a relief to hear five justices sound deeply skeptical that it has any basis in the Constitution. It is far too early to celebrate the demise of the independent state legislature theory, since four justices have already endorsed it. But the skepticism it faced at arguments suggests that democracy has a fighting chance of survival.

The “independent state legislature theory” is a legal fantasy designed to allow state legislatures to elect Presidents rather than the citizens of the U.S. Where federal elections are concerned this “theory” would allow any State Legislature to violate its own State Constitution! This “theory” made an appearance in Bush vs. Gore. This “theory” was the linchpin in Trump’s efforts to overturn the 2020 election (fake Electors). This “theory” presents a clear danger to constitutional democracy.

The timber of oral arguments on Wednesday suggested that this “theory” will fail in a five-to-four split ruling, but that outcome is far from certain. In truth this case should never have been brought before the Supreme Court, but here we are. How many more near-death moments can democracy survive?

#scotus #moore vs harper #democracy #elections #facisim in the united states

[mysharona1987]

#moore vs harper #news #scotus #trump #gop #democracy

[opinesandnettles]

I'm going to keep banging this drum until I see that people finally understand the danger Americans are in right now:

I have seen several popular posts on Tumblr talking about specific things that the court has done this term, but I still haven't seen anyone mention this upcoming case:

TLDR: Election results will be tuned over to the states where Republican run state legislatures will absolutely toss votes and just decide whatever outcome they want. Once this happens it will be impossible to vote for meaningful change ever again. No more left-ish presidents, no more left leaning judges. We officially become a fascist Republican country with no way out.

The time to make a fuss about this is now. Of all issues this is the one that needs to be focused on, because all other issues hang on it.

The last vote that matters is the midterms.

#Politics #democracy #us politics #supreme court #Moore vs Harper

[makingdonalddrumpfagain]

#moore vs harper #seditious domestic terrorism #tre45on

[miss-envy]

@alluringskull

#election #trump is a threat to democracy #democrats #republicans #fuckdonaldtrump #supreme court #moore vs harper #roe vs wade #griswold v. connecticut #lawrence v. texas #voting #voting rights #human rights #fuck supreme court #impeachclarencethomas

[pussypilled]

please get involved with your community organizations, you need to be directly connected and currently informed. now more than ever.

#moore vs harper #stfu i'm typing #icwa #roe vs wade #usa politics

[kp777]

#moore vs. harper #u.s. supreme court #north carolina #electoral college #slow motion coup d'etat #2024 presidential election #republicans cheat #republicans #gop #carolyn shapiro #democracy now #gerrymandering #voting rights #democracy #vote

[your-fave-jewish-magical-girl]

Honestly these few weeks have been a lot as an American with a uterus. It’s like America is turning into a fascist theocracy before our very eyes. Now this isn’t the biggest issue in comparison to Roe, Harper, Rights being taken away from indigenous people, shootings, black people getting killed by cops and just so much more. However across the country, books are being banned and librarians are coming under attack.

Now, America is going mask off with it’s Christian nationalism now and queer books, books on the holocaust slavery etc are getting banned. This isn’t anything new—especially for fascism. The whole book censorship thing has been going on for literally forever. However there are two things. 1. I am being this up now because it feel more relevant than ever and 2. here is what I really want everyone to do.

If you find out that a book has been banned in your area, the news, a library or school, read it.

Find time in your schedule, pirate it online, drive to the next library to read it, if you are neurodiverse like me, research alternatives ways to consume the content of the books without literally reading (example: audiobooks)—hell if you have kids, read them some books that have been banned as well. whatever you do, READ THAT BOOK.

They are trying to censor this information for a reason. These banned books, whatever they are trying to tell the reader are a threat to them. and they will do whatever they can, whether it be burning books, suing publishing companies or now, attacking librarians. They don’t want their message, no matter how obvious it is like “gay people deserve rights” or challenging the status quo and authority.

The best thing we can all do besides protest to keep those books in libraries is to actually read them ourselves. If they don’t want the message to get across, we can and should be the people that message gets across too.

I know it isn’t much, but knowledge is a very valuable resource in rising up against authority and I just wanted to get my message out, if there are any blind people or other people with disabilities curious on finding banned books accessible to them please just message me and I will personally help you get your hands on accessible censored books.

#banned books #censorship #book burning #roe vs. wade #moore v harper #america #amerikka #book censorship

[vintagetvstars]

Mary Tyler Moore Vs. Jan Smithers

Propaganda

Mary Tyler Moore - (The Dick Van Dyke Show, The Mary Tyler Moore Show) - MTM's beauty was always being played up (with good reason), but she was just a fun performer, period. An actor, a dancer, and an incredible comedian who had so much chemistry with her co-stars, whether it was Dick Van Dyke, Valerie Harper, Betty White, or Ed Asner. She famously got American housewife Laura Petrie wearing trousers in just about every episode of the Dick Van Dyke Show, began her own production company (MTM Enterprises), and changed TV history with The Mary Tyler Moore Show. The 1960s That Girl had offered the world a show about a single girl, but Ann Marie was very much under the thumb of her parents and her boyfriend. By contrast, MTM's Mary Richards was single, steadily employed, and making her own decisions, paving the way for shows like Rhoda, One Day At a Time, and The Nanny.

Jan Smithers - (WKRP in Cincinnati) - my dad had a crush on her in the 70s. vote bailey quarters for my dad!

Master Poll List of the Hot Vintage TV Ladies Bracket

Additional propaganda below the cut

Mary Tyler Moore:

Mary Tyler Moore Theme Song

#vintage tv stars poll #tv ladies 1 #mary tyler moore #jan smithers #Youtube

[goddess-help-us]

US Democracy: Close to Death

Pardon my language.

But we are f*cked. Yesterday (June 30, 2022), SCOTUS agreed to hear “Moore v. Harper” on its fall 2022 docket. This case deals with the authority of states to run elections (see more detail later on)*. The conservative-majority court will likely rule in favor of Moore, which would let Republican-held state legislatures appoint their own electors in the electoral college, ignoring the popular vote. In essence, Republicans wouldn’t have to repeat Jan. 6 in the future. They could simply use Republican-held statehouses to reject election results they don’t like, ending free and fair elections in the US.

Presently, there are not enough votes for Congress or the President to do anything to stop this. Congress could potentially impeach Justice Thomas for his role in the Jan. 6 insurrection but the Constitution requires a two-thirds majority Senate vote to convict a sitting Supreme Court justice. Sufficient support for this does not exist in the Senate, and is not likely to exist at any time soon. 

There is only one real, legal recourse to this threat: obtaining a true Democratic majority in the US Senate, which we do not have. Senators Manchin and Sinema are unreliable at best and potentially plants at worst. They support neither the reform of or conditional exemption to the filibuster, nor “packing the court.” We need two additional Democratic senators to make their spoiler-effect opposition irrelevant. A 52-member Democratic Senate would allow the filibuster to be bypassed and open the way for the Judiciary Act to pass, which would allow President Biden to add four additional Supreme Court justice seats to reign in this current slow-motion right-wing coup. Don’t think abolishing the filibuster is right? See additional text later.**

How do we get two additional Democratic votes in the Senate? There are currently two highly-competitive Senate races for seats held by Republicans in the midterms this November: Pennsylvania (Dr. Oz (R) vs. John Fetterman (D)) and Wisconsin (party nominees undecided, primary scheduled Aug. 9, 2022). The Dems also need to hold onto every seat they currently occupy. This includes other highly-competitive seats in: Arizona, Georgia, and Nevada. I’ve never campaigned for anyone in my life before but today I signed up to volunteer with John Fetterman’s campaign because I feel like this is important. 

I can’t tell anybody what to do this information, I can only provide it. But I hope that people who value laws, regulations, and policies that support the social, economic, environmental, and democratic wellbeing of a society can recognize when those things are at stake (and they are). The Republicans and their right-wing evangelical supporters know that the 2022 midterm and 2024 general elections are the last chance they have to impose their religious agenda on the country. They know the majority of Americans do not support an elimination of abortion, the banning of LGBT people from public life, or the continuous denial of the climate crisis. That is why they are using the Supreme Court to take action right before these critical elections. They should not get away with this. 

“I’m too anxious or burnt to do anything.” That’s true. It’s been an exhausting past two years. But, for myself, I hate to think of the regret I might have in 2024 when a Republican-held Court, White House, and Congress enact a nationwide federal ban on abortion or LGBT people. Do I want to ask myself at that time, “was there anything else I could have done?” “Electoralism doesn’t work.” I sympathize.*** Often times it feels we elect people who don’t ultimately do anything. But I guarantee that voting will become even more of a token gesture in the future under the likely Moore v. Harper ruling if it’s allowed to proceed unchecked. “The Nation is already f*cked, there’s no point in saving it. We should just let the inevitable balkanization of America happen.” While I think current inflation and supply chains are bad, I can’t imagine how much worse they will be when the nationwide networks of food, medicine, water, household goods, consumer electronics, et al. are subject to tariffs and various petty interregional conflicts that the federal government currently mediates. Yes, the US will cease to exist one day, but let that be a day when we decide that we no longer need the federal government to aid us in living healthful, rich lives, not because of a right-wing coup. 

Thank you for your time if you've read this far.

*Moore v. Harper is a Supreme Court writ of certiorari between Thomas Moore, the Republican Speaker of the North Carolina House of Representatives, and Rebecca Harper, a North Carolina citizen who is collectively filing with other North Carolinians against the Speaker. The case has to do with a Feb. 2022 North Carolina Supreme Court decision that threw out the State Legislature’s election map as gerrymandered. The NC Supreme Court ruled that the maps adopted by the NC Legislature violated the NC Constitution. The NC Supreme Court adopted remedial election maps in their place. Speaker Moore, in turn, filed a writ of certiorari with SCOTUS that it accepted June 30. The NC Republicans believe the US Constitution does not allow state supreme courts jurisprudence over elections and that state legislatures should be able to run and organize elections exclusively. SCOTUS has continuously ruled, however, since 1916 (Davis v. Hildebrant) and as recently as 2015 (Arizona State Legislature v. Arizona Independent Redistricting Commission) that the Constitution does not give unilateral election-running authority to a state legislature but rather to the public or a state’s constitution. The likely SCOTUS ruling in the fall on Moore v. Harper would overturn over a century’s worth of precedent and allow sitting state legislatures to blatantly gerrymander election maps and even the ability to ignore the popular vote.

**Don’t think abolishing the filibuster is right? The US Constitution does not support the use of the filibuster and does not require a two-thirds vote for laws. It only specifies that a two-thirds majority be used for: censure, expulsion, conviction, and treaty approval. The Senate has reformed the filibuster throughout US history. Senators used to be able to simply filibuster a motion out of the Senate without any accountability. In 1917, the Senate changed its rules to allow a two-thirds majority vote to end debate, the first such check on the filibuster. In 1975, the Senate changes its rules again and dropped this threshold from 67 to 60 senators. Clearly, the Senate has a history of changing its own rules as allowed by Article I, Section 5 of the US Constitution. It is perfectly reasonable and constitutional to either reform or end the use of the filibuster.

***Yes, electoralism is not the end-be-all of civic engagement. It is the bare minimum. If you want more than casting a vote then (good news): there’s a wealth of civil society and community-based organizations out there waiting for your talent, energy, and expertise. Getting involved can connect you to additional resources. And, yes, support mutual aid requests as you are able but mutual aid is not a replacement for actual, scalable human services, like medicine, professional care, electronic infrastructure and services, formal education, et al. that our federal state provides. This is not an “one or the other” decision. All of the tools are here. Use all of them as you are able. Campaign, vote, organize, donate, spread awareness. All of it. And anybody calling for a violent revolution is clueless. The right-wing white supremacists have been preparing for this moment four four decades, with ready-to-mobilize militias. There are no comparable and scalable left-wing militia organizations to counter this. Sure, join your local Socialist Rifle Association but SRA, as it stands now, is simply not comparable to the organization that right-wing extremists currently have. And once you have outed yourself as an active leftist gun user (in the same way that white militias use theirs), you can forget about your constitutional rights. The longer-term solution is to create locally-based power that can resist overreaches by state and federal governments.

#scotus #us supreme court #moore v harper #elections #voting rights #voting rights act #abortion #abortion rights #womens rights #us elections #us democracy #left wing #community organizing

[imall4frogs]

I do not write for The Atlantic. The following four paragraphs are my opinion, and I am solely responsible for their message.

The case is Moore vs. Harper, and the legal issue is judicial review of federal election laws. If this (bad) U.S. Supreme Court should decide in favor of North Carolina Republicans then State Courts would no longer hold the authority to exercise judicial review over their separate federal election laws even if those laws might be in flagrant violation of their State Constitution. (!)

The legal theory in support of this appeal is such an outlier and so sparsely supported that I could count the number of its subscribers on my two hands and still have enough fingers left to dunk my donut. Nevertheless our Republican Supreme Court might embrace this fringe theory and rule that judicial review in this area is null, and that the separate State Legislatures are the sole, irreversible authors of federal election laws. (What a dumpster fire.)

Moore vs. Harper will be heard in the fall of this year, so some time remains.

Friends and neighbors, the very foundation of our nation creaks and groans under the stress of this legal challenge. We will not be able to vote our way out of this one. Skip the step where you write to your Statehouse and Congress. Get a passport. Pack your things. Purchase some comfortable marching shoes. Organize with your trusted friends. Trust no new “friends.” Follow this case and be ready.

#make some decisions and prepare #facisim in the united states #if you need me i will be in the gym #or i might be on the gun range #scotus #politics

[vendetta06]

I don’t know if it’s just because I’m my mother’s child (grew up in an apocalypse preparation household for those of you who don’t know) - but why does it feel like the world is actually ending? I’m so angry and scared! Along with all the mass shootings, police brutality, racism, homophobia, wealth disparity, and white supremacy that is happening every day - we’re also watching our rights being stripped away one by one. It doesn’t end with abortion, it BEGAN with it. The Supreme Court has already ruled that police will be protected from Miranda rights lawsuits, they ruled that the EPA has no authority to reduce power plant emissions (that contribute to global warming). And they are now looking at Griswald v. Connecticut (the right to contraception), Lawrence v. Texas (same sex intercourse), Obergefell v. Hodges (gay marriage), AND Moore vs. Harper which will PERMANENTLY end democracy. It’s going to allow state legislatures unlimited power in conducting elections and choosing the outcomes of those elections regardless of how people voted. And the anger that I have is festering inside me, NO ONE is here to save us. The Democratic Party keeps promising us that they’ll protect our rights but haven’t done anything! We keep voting “the lesser of 2 evils” and still end up with evil. I am SHAKING with anger, desperation, and anxiety. I am SICK of the abuse. What the fuck do we do when we don’t know what to do?

#I am just posting my thoughts #if you want sources pls look them up #I am not google and information is free on the internet

[cjriles]

my (incomplete) neurodivergent headcanons:

Autism:

Jojo Betzler (Jojo Rabbit)

Spencer Reid (Criminal Minds)

Juno (Juno)

Bella Swan (Twilight)

Peter Parker (Spider-Man)

[Zendaya’s] MJ (MCU Spider-Man)

Melanie (Bunheads)

Jake Peralta (B99)

Amy Santiago (B99)

Captain Holt (B99)

Katniss Everdeen (Hunger Games)

Otis Milburn (Sex Education)

Lily Tucker-Pritchett (Modern Family)

Newt Scamander (Fantastic Beasts)

Leslie Knope (Parks and Rec)

Anne (Anne with an E)

Beth Harmon (The Queen’s Gambit)

Dipper Pines (Gravity Falls)

Sherman (Mr. Peabody and Sherman)

Hermione Granger (Harry Potter)

Katie Mitchell (Mitchells vs the Machines)

Rick Mitchell (Mitchells vs the Machines)

Ryan (Game Night)

Dr. Temperance Brennan (Bones)

Dr. Zach Addy (Bones)

Jeremy Heere (Be More Chill)

Brooke (Be More Chill)

Teresa (Maze Runner)

Mike (Hocus Pocus 2)

Harper Moore (Set It Up)

Paul Munsky (The Half of It)

Robin Buckley (Stranger Things)

young! King George III (Queen Charlotte)

(Inattentive) ADHD:

Darbie O’Brien (Just Add Magic)

Christine Canigula (Be More Chill)

Arthur (BBC Merlin)

(Hyperactive) ADHD:

Thomas (Maze Runner)

Stiles Stilinski (Teen Wolf)

AuDHD/Comorbid:

Mabel Pines (Gravity Falls)

Merlin (BBC Merlin)

Dylan Lenivy (The Quarry)

Aaron Mitchell (Mitchells vs the Machines)

if you want me to deep dive into why I think they are ND, just let me know!! <3

#autism headcanon #neurodivergent #fandom #asd #autistic bella #katniss is autistic #headcanon #adhd headcanon #you cant fight me on this #made by an autistic person

[shinidamachu]

while I'm happy for the voter turnout, this might be the last time our votes matter because the Supreme Court is going to review Moore vs Harper. The argument is that only the states can decide how they count votes, federal laws be damned, basically legitimizing Trump's previous scheme to send fake electors to make him president. The fact that the SCOTUS even agreed to take a look at this ridiculous case is alarming 😱

I'm not familiar with Moore vs Harper and letting the states decide how they count votes regardless of federal laws sounds like a recipe for disaster, but as long as you can vote, your vote will always matter. Never think otherwise.

I'll admit I'm not at all qualified to opine about the politics of a country I don't even live in, but I've been reading a lot of analysis and experts seem to agree that letting the states decide about abortion led a lot of people – Gen Z especially – to show up and vote to make sure they won't have their reproductive rights taken away.

If the Supreme Court reviews Moore vs Harper, the same thing can happen. It's one thing to remain passive when your fundamental rights aren't under attack, it's a whole different thing to remain passive when those rights are being actively threatened.

The youngest generations already showed the world they won't just sit around and watch shit happen quietly, but for us to have a fighting chance, vigilance must be constant.

Don't wait until election year to talk to people, to make sure they know how important voting is and how much of our futures are at stake. Most importantly: don't ever entertain the notion that voting won't matter eventually.

When registering gets harder, when lines get longer, when state electoral laws get trickier... that's when your vote matters the most.

#2022 Elections #USA Elections #USA #US Elections #US #Sidmailing #Politics #USA Politics #US Politics #Politic #World Politics

[qqueenofhades]

loving your political posts! re: Scotus bullshit to come, do you listen to the podcast 5-4? they did a recent episode about the dockets upcoming and boy oh boy, are we in for it. I like anticipatory self-numbing as a coping strategy and am mentally prepping myself for the worst on literally every case

They're all terrible and we should be braced for it, but Moore vs. Harper is undoubtedly the fucking worst. Because... yeah.

#anonymous #ask #politics for ts #aka the one that can literally end democracy in america! it's cool!

[kp777]

By Leah Litman, Kate Shaw and Carolyn Shapiro 

The Washington Post     Opinion

July 2, 2022

When the Supreme Court overruled Roe v. Wade, the justices in the majority insisted they were merely returning the issue of abortion to the democratic process. But a case the court has announced it will hear in its October term could make that democratic process a lot less democratic.

With that case, Moore v. Harper, the justices will review a North Carolina Supreme Court decision holding that the state constitution prohibits extreme partisan gerrymanders. The Supreme Court’s choice to take the case could presage yet another decision that will undermine democracy, by prohibiting other government institutions — here, state courts — from protecting voting rights and democracy.

Just three years ago, a 5-to-4 Supreme Court prohibited federal courts from addressing whether extreme partisan gerrymandering violates the Constitution. But don’t worry, the court said, state courts can curb the practice if they conclude it violates state constitutions.

Harper invites the Supreme Court to go back on that promise. This invitation is based on an unsupportable legal claim known as the independent state legislature theory (ISLT). The theory would disable state courts from protecting voting rights in federal elections by eliminating state constitutional protections in those elections. And it would do so at a time when voting rights are under attack, including at the Supreme Court itself.

Less than a decade ago, the court eliminated the Voting Rights Act requirement that jurisdictions with histories of racial discrimination in voting preclear changes to voting rules with the Justice Department or federal courts. And in July of last year, the court weakened what remained of the VRA, making it harder for plaintiffs to challenge voting regulations that impose disproportionate burdens on minority voters.

While those cases involved federal protections for voting rights, Harper could undermine state voting protections.

The issue in Harper is whether the federal Constitution prevents a state court from determining whether the state legislature violated the state constitution in setting rules for federal elections. The petitioners — Republican legislative leaders — are asking the court to hold that it is unconstitutional for state courts and state constitutions to protect federal voting rights.

This argument rests on a blinkered reading of two clauses in the Constitution that assign to the legislature of each state the job of identifying the “Manner” of appointing presidential electors and the “Times, Places and Manner” of congressional elections. Neither clause suggests that state legislatures can violate their own constitutions.

Chief Justice William H. Rehnquist suggested this far-fetched theory in a concurrence in Bush v. Gore. But the theory failed to command a majority, and it was largely ignored for almost two decades.

But in the 2020 election litigation, Justices Neil M. Gorsuch and Brett M. Kavanaugh, in addition to Justices Samuel A. Alito Jr. and Clarence Thomas, expressed sympathy for the theory.

Since 2020, a mountain of scholarship has emerged thoroughly debunking the ISLT. Its historical bases are nonexistent. The Founders understood well that states could choose to have constitutions that constrain state legislatures, and that view has held sway in practice and law ever since. And state executive officials have also enjoyed considerable discretion to operate federal elections since the founding.

The ISLT is also wildly inconsistent with federalism. In our federal system, state courts have the final say over the meaning of state law; states also have considerable latitude in structuring their governments. The ISLT could transform cases about interpreting or applying state election laws into federal constitutional cases to be decided by the federal courts.

The theory would lead to a chaotic system in which states could not reliably hold unified elections for state and federal offices. Common state constitutional provisions guaranteeing that elections be “free,” “free and equal,” or “free and open” would not apply to laws governing federal elections, but would still apply to laws governing state elections.

So, for example, if a state court relied on a state constitutional provision to strike down burdensome registration or voter ID requirements, those requirements would nonetheless remain in place for federal elections. The state would end up with two systems — one for federal elections and one for state elections.

The ISLT would also empower heavily gerrymandered legislatures to make the rules regarding federal elections.

Fortunately, even if the court embraces the revanchist ISLT, that would not permit state legislatures to throw out votes already cast to appoint presidential electors of their choosing. The federal Constitution prohibits states from disregarding votes already cast, no matter what the court might say in Harper.

But the court’s endorsement of the ISLT would still create disarray and would enable anti-democratic power grabs. Given that the court, in overturning Roe, has just handed over what used to be a fundamental right to the political process, there could not be a worse time for making our democratic process less democratic.

#moore vs. harper #u.s. supreme court #islt #state voter protections #anti democracy #republicans cheat