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
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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.