David French: 'The 2020 election was sound. The 2024 election is now safer.'
To understand both the Trump-led Republican effort to overturn the 2020 election and the lingering Republican bitterness surrounding that contest, it’s important to remember that the GOP’s attack on American democracy had two aspects: a conspiracy theory and a coup theory. On Tuesday, the Supreme Court dealt a blow to both. In a case called Moore v.
The Pennsylvania GOP argued for a version of the independent state legislature doctrine, a theory that the Constitution grants state legislatures — and state legislatures alone — broad, independent powers to regulate elections for president and for Congress. The basis for this argument is found in both Article I and Article II of the Constitution.
The case turned on a complicated North Carolina redistricting dispute. After the 2020 census, the Republican-dominated state legislature drew up a new district map. The Democratic-controlled North Carolina Supreme Court rejected the map as an unlawful partisan gerrymander under state law, and the legislature appealed to the U.S. Supreme Court, arguing that the state court had no authority to override the legislature. The U.S. Supreme Court accepted the review.
The implications are profound. In regard to 2020, the Supreme Court’s decision strips away the foundation of GOP arguments that the election was legally problematic because of state court interventions. Such interventions did not inherently violate the federal Constitution, and the state legislatures did not have extraordinary constitutional autonomy to independently set election rules.
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