In its rejection of independent-state-legislature theory, the Supreme Court has “not so much taken a step forward as refused to trust-fall backward into an abyss,” andrewmarantz writes.
the photographic evidence, the Justices pressed on, undeterred, doing just what they’d seemed inclined to do all along. Then, on the last day of June, before adjourning for a three-month break , the Justices agreed to hear Moore v. Harper, a case that could, if it went the wrong way, throw American democracy into chaos. Happy summer, everyone!
On Tuesday morning, the Court issued its opinion in Moore. No fireworks this time: six of the nine Justices have decided not to dismantle American democracy as we’ve known it . The central question in Moore was whether the Court would give credence to the, or I.S.L.T., a relatively novel and flimsy line of legal reasoning that, in its starkest form, would have allowed state legislatures to run federal elections almost however they chose, without oversight from state courts.
In North Carolina, I went on many long drives with a handful of advocates who were traversing the state, holding town-hall meetings in musty basements and small museums and one-room churches, educating the public about what was at stake. They were clearheaded about the limits of their approach: ultimately, there were only nine people who would decide the case, and none of them would be showing up at any of the local meetings.
The majority opinion could have come as even more of a relief if it had been unanimous. But there were three dissenters, and they were the three who were assumed to be safe pro-I.S.L.T. votes all along: Justices
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