Post AXANFOD7ZeRPpCMiK8 by juddlegum@journa.host
 (DIR) More posts by juddlegum@journa.host
 (DIR) Post #AXANFDufrNk9t5eqBM by juddlegum@journa.host
       2023-06-28T23:48:33Z
       
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       1. The Supreme Court decision in Moore v. Harper yesterday, rejecting the independent state legislature theory, was very good news. But it wasn't ALL good news. Roberts' majority opinion includes a caveat Follow along if interested.🧵
       
 (DIR) Post #AXANFEw83SV93tLW5Y by juddlegum@journa.host
       2023-06-28T23:48:34Z
       
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       2. Writing for six Justices, Roberts rejected the independent state legislature theory, which the Supreme Court has rejected for 100 years."The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review."https://popular.info/p/democracy-dodges-a-bullet
       
 (DIR) Post #AXANFFoimUAbnCt7BI by juddlegum@journa.host
       2023-06-28T23:48:35Z
       
       0 likes, 1 repeats
       
       3. Roberts ruling, however, comes with a potentially significant caveat.He says while state courts can review actions of the legislature on election issues, federal courts can overrule state courts if they "transgress the ordinary bounds of judicial review"
       
 (DIR) Post #AXANFIi61ZeYlWoMls by juddlegum@journa.host
       2023-06-28T23:48:36Z
       
       0 likes, 1 repeats
       
       4. WTF does that mean? Well, Roberts is essentially establishing a concurrence in Bush v. Gore as precedentIn that case, 3 justices wrote that the Florida Supreme Court's order to recount certain ballots exceeded "ordinary statutory interpretation" and was invalid.
       
 (DIR) Post #AXANFKa14aNWZ32wSG by juddlegum@journa.host
       2023-06-28T23:48:37Z
       
       0 likes, 1 repeats
       
       5. All of this is very poorly defined and the standards for "ordinary" judicial review and statutory interpretation are unclear. But Roberts decision opens the door for the Supreme Court to intervene in controversial election issues whenever it wants. Which is not great.
       
 (DIR) Post #AXANFMMcRMqm64nGqm by juddlegum@journa.host
       2023-06-28T23:48:38Z
       
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       6. It's unlikely that the three liberal justices who signed onto Roberts' majority opinion wished to endorse a controversial aspect of Bush v. Gore. But it was the price for avoiding a more extreme outcome.https://popular.info/p/democracy-dodges-a-bullet
       
 (DIR) Post #AXANFOD7ZeRPpCMiK8 by juddlegum@journa.host
       2023-06-28T23:48:39Z
       
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       7. Anyone who cares about getting accurate and reliable info should not to rely on Twitter to get it. Twitter's algorithm is being manipulated to promote unreliable accounts. Subscribe to Popular Information (free) and get accurate info directlyhttp://popular.info/susbcribe