The United States Supreme Court will be hearing a major case on election integrity that promises to strip away the ability of states to rig elections via the courts or executive decrees.
The case, known as Moore v. Harper, is docketed to be heard in the nation’s highest court next session. It concerns the “independent state legislature” theory, which holds that the Constitution only gives the power to the state legislative branches to change election laws — an obvious point of concern with 2020 election integrity in Georgia, Pennsylvania, Michigan and Wisconsin, among other states.
The court is poised to determine the question: “Whether a State’s judicial branch may nullify the regulations governing the ‘Manner of holding Elections for Senators and Representatives . . . prescribed . . . by the Legislature thereof,” U.S. CONST. art. I, § 4, cl. 1, and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a ‘fair’ or ‘free’ election.”
Rep. Alexandria Ocasio-Cortez was so distraught over the Supreme Court finally taking up the case that she lashed out by calling it a ‘judicial coup.’ Former President Bill Clinton said people should be ‘panic-stricken.’ However, the case points towards the opposite conclusion: It would restore power to the people in the elected state legislatures to prevent rogue judges and authoritarian executives to undermine the will of the people.