Ethan Herenstein and Brian Palmer of the Brennan Center of Justice point out an egregious abuse of history by those defending “the independent state legislature theory,” which would allow legislatures to forgo any checks or balances from the other two branches of government in the states, in the upcoming Supreme Court case Moore v. Harper.
In an article at Politico (September 15, 2022) they explain:
Supporters of a legal challenge to completely upend our electoral system are citing a fraudulent document in their brief to the Supreme Court. It’s an embarrassing error — and it underscores how flimsy their case really is.
This fall, the court will hear Moore v. Harper, an audacious bid by Republican legislators in North Carolina to free themselves from their own state constitution’s restrictions on partisan gerrymandering and voter suppression. The suit also serves as a vehicle for would-be election subverters promoting the so-called “independent state legislature theory” — the notion that state legislators have virtually absolute authority over federal elections — which was used as part of an attempt to overturn the 2020 presidential election.
The North Carolina legislators’ case relies in part on a piece of paper from 1818. But there’s a problem: The document they quote in their brief is a well-known fake. So as the Supreme Court considers whether to blow up our electoral system, it should know the real American history.
This should be interesting!
Read the rest of the story at Politico https://www.politico.com/amp/news/magazine/2022/09/14/fraudulent-document-cited-in-supreme-court-bid-to-torch-election-law-00056810