In a recent poll conducted by NBC News in August, American voters ranked “threats to democracy” as the most important issue facing this country, followed by the cost of living then jobs, and the economy. This is a remarkable result, especially when the economy and jobs have historically been a foremost concern among U.S. voters.
We are in very different waters now.
Our nation is experiencing a jaw-dropping number of assaults on democracy, from bans on abortion at the moment of conception, to book bans, to assaults on LGBTQ+ individuals to busing immigrants to blue states and even the Vice President’s home. GOP candidates, running at all levels, continue to spread lies about a stolen election, and are aggressively seeking offices that will put them in control of the election process. As if this isn’t enough madness, the Supreme Court is enforcing its own Federalist agenda on guns, abortion, and environmental protections, and cares nothing for public opinion on these issues.
The highest court, composed of six, unelected super-conservative justices (put in place by presidents who did not win the popular vote), is also on the brink of ruling on a little known-case, Moore v Harper (the Court will hear the case before the summer of 2023). The case is based on a “fringy” notion called the “Independent State Legislature (ISL) theory,” which posits that the Constitution contains a provision for state legislatures to set the “time, place, and manner” for federal elections without judicial oversight. So, if the Court rules in favor, state legislatures would have the authority to determine how federal elections are run without court interference.
We can guess where this can throw a big wrench in the democratic process, and could move us closer to an authoritarian model that is gaining ground in many parts of the world.
If the Court rules in favor, it would allow state legislatures exclusive and judicially unreviewable power to redraw congressional districts for federal elections, to appoint state electors, and give steam to partisan gerrymandering of congressional districts: All without regard to a state’s constitution or input from state courts or voters. If the supreme court buys into the ISL theory in the Moore case, what Trump tried with the fake electors in 2020 and the insurrection could easily happen in 2024 and beyond. Extremist state legislatures could even push their new powers further to determine the results of both presidential and state elections.
The most alarming result would be that Republicans will never lose another election again because the popular vote won’t matter: Those in power will remain in power, and the courts won’t be able to do anything about it.
Among the three branches of government, the job of the judicial branch is to interpret the law, determine the constitutionality of the law, and apply it to individual cases: The framers of the Constitution knew that checks and balances on power must be maintained in order for a democracy to survive. But what is happening in our country is not democracy. If the Supreme Court rules in favor of Moore, The U.S. will be no better than authoritarian countries with right-wing leaders like Turkey, Russia, Hungary, and Poland.
Americans should be concerned about our already weakened democracy which is in danger of further crippling should the Court rule in favor of Moore.