GOP fringe leading the fringe

Created
Thu, 08/06/2023 - 23:00
Updated
Thu, 08/06/2023 - 23:00
Election-rigging simplified Breaking news of Donald Trump’s forever-imminent indictment on federal and state charges came so thick and fast on Wednesday that I missed this detailed New Yorker essay from Andrew Marantz until MSNBC’s Chris Hayes interviewed him on set last night. “How a Fringe Legal Theory Became a Threat to Democracy” charts the journey of the independent-state-legislature theory (I.S.L.T.) from crank theory supporting the Bush v. Gore decision that settled the 2000 presidential election to one mainstream enough to reach the U.S. Supreme Court again. Marantz reviews this one, Moore v. Harper, from North Carolina: In 2021, with Tim Moore as the speaker of the North Carolina House, the majority-Republican legislature drew gerrymandered congressional maps—that is, even more egregiously gerrymandered than usual. Several voters (one of them named Becky Harper) and a handful of nonprofits (including Common Cause, where [democracy activists Sailor]Jones works) sued to block the implementation of those maps, and the state Supreme Court ruled in their favor. The U.S. Supreme Court was asked to decide whether the legislature’s maps should stand—and, by extension, whether the state court had the power to review them at all. I.S.L.T. advocates contend that the Constitution gives plenary power to state legislatures over the conduct of elections. Not even the courts may review their decisions for compliance with the state or federal constitution. “That’s just not how it works,” said legal scholar Vikram Amar who, with his brother Akhil, published a law-review article last year entitled “Eradicating Bush-League Arguments Root and…