Commentary
-
Our commentary partners will help you reach your own conclusions on complex topics.
Currently before the U.S. Supreme Court is the constitutionality of the so-called “independent state legislature doctrine.”
Even though SCOTUS won’t rule on the matter before the midterms, this doctrine will appear in a host of legal disputes over the midterm elections.
And it’s going to be held because the Republican Party is unwilling to concede when they’ve lost. Said another way, the GOP is looking for a way to undermine our democracy and plans to use this independent state legislature doctrine as a way to achieve that end. We should all beware.
If you’re unfamiliar of this doctrine, it’s an obscure legal theory. The theory says that state legislatures should have final say on how elections are conducted. It says that state legislatures should be able to have the final say on how elections are conducted in the state, unconstrained by the state constitutions and the courts.
Basically, it gives state lawmakers the power to override election results in their states regardless of whether the election concerns a state or federal candidate.
This independent state legislature doctrine is dangerous to democracy. It boxes out the judicial branch from deciding disputes on elections, allowing judges to throw up their hands and say lawmakers get the final say, completely disregarding states’ checks and balances. It also silences voters from having their will be done because their votes would be disregarded in favor of the candidate that lawmakers want to uplift. The doctrine also empowers losing candidates to try to steal future elections.
All they need is the legislature on their side. That should terrify anybody who gives a damn about democracy. What’s the point of having the populace vote if some assemblyman gets to make the final call? That doesn’t seem like democracy to me. Perhaps that’s why the GOP is pushing so damn hard to rubber stamp this doctrine. In fact, Republicans would be the beneficiaries if the High Court gave the independent state legislature doctrine the go-ahead.
Why? Well, they currently dominate legislative branches at the state level. According to the National Council of State Legislatures, Republicans controlled 61% of state legislatures. That plays into the right’s willingness to push before SCOTUS and get them to bless this doctrine, meaning that GOP would be able to suppress the will of the people. The reality is that the vast majority of the masses do not have a mentality that aligns with the GOP. Their practices, they’re not reflective of the majority of the mindsets in our nation. From abortion, to Social Security to health care, the people want a government who will invest in them.
The GOP wants to invest in corporations and big money. So they work to silence voices by way of illegitimate and unconstitutional means, like the independent state legislature doctrine. And Republicans will be using it next week with the midterms. We can expect an uptick in litigation by the GOP over lost elections.
Arizona gubernatorial candidate Kari Lake has already indicated that she’s unwilling to bow out if she loses, taking a page out of Donald Trump’s book. If this right-winger loses she’s going to likely profess it was stolen from her in some way, surely citing the independent state legislature doctrine in court, hoping that there’s a judge out there willing to throw up their hands and say that the GOP-controlled state legislature in Arizona gets to make the final call. Even if that’s not the outcome, this is definitely going to delay the will of the people.
The independent state legislature doctrine, it’s clearly an upshot of Trump’s antics. It’s the GOP just looking for yet another avenue as a way to stay in power, as opposed to letting the people determine how our nation should be governed and who should be leading us.
And as wild and illegitimate as this doctrine is, the conservative majority on SCOTUS may just rubber-stamp it with approval. We already have an electoral college in place to subvert the will of the people. So what’s one more anti-democratic doctrine in a nation where democracy already dwindles?
-
Students learning brutal lesson on how police respond to protests
Student protests against Israel’s war in Gaza have escalated in the United States and around the world as civilian death counts in both Gaza and the West Bank continue to climb. Estimates show Israeli forces killed at least 42,500 Palestinians since Oct. 7, 2023, and another two million survivors have been displaced from their homes.…
-
Supreme Court must end criminalization of homelessness
On April 22, the U.S. Supreme Court addressed the nation’s homelessness crisis, considering whether an Oregon city had the right to ban homeless people from camping in public spaces. A majority of justices appeared inclined to support the city’s efforts to regulate homeless encampments on public grounds. This decision carries significant implications for the growing…
-
Why are non-consensual pelvic exams still happening?
More states are beginning to crack down on the surprisingly common practice of medical students and professional staff performing non-consensual pelvic exams on unconscious men and women in hospitals, universities and other medical facilities. Just one year ago today, those practices remained legal in a majority of U.S. states. Now, however, a new directive from…
-
Congress should repeal the Foreign Dredge Act
The collapse of Baltimore’s Key Bridge presents challenges for cleanup and construction crews who rely on dredging vessels to complete their work. That’s partly because of the Foreign Dredge Act, a 1906 law that prohibits foreign-made dredging vessels. Congress is now introducing a measure to revise parts of that law, although previous attempts to do…
-
Gen Z women must fight for their rights
Gen Z, the first “digital native” U.S. generation, is entering the workforce, studying at university and serving in the military. From school shootings and cyber-bullying to COVID-19 and the overturning of Roe v. Wade, this generation has been shaped by unique trends and events, and how they will behave as citizens and voters is an…
Latest Opinions
-
Dave & Buster’s to allow betting on its arcade games
-
Speaker Johnson announces House crackdown on antisemitism on campuses
-
Dozens arrested at Columbia as NYPD clears Hamilton Hall, encampments
-
Unmanned aircraft are the future of warfare: Weapon of the week
-
Ghostworks’ racing technology could meet the military’s immediate needs
Popular Opinions
-
In addition to the facts, we believe it’s vital to hear perspectives from all sides of the political spectrum.