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Second federal judge orders temporary reinstatement of thousands of probationary employees fired by the Trump administration; U.S., Canada political tension could affect Maine summer tourism; Report: Incarceration rates rise in MS, U.S. despite efforts at reform; MI study: HBCU students show better mental health, despite challenges.

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Trump administration faces legal battles on birthright citizenship; the arrest of a Palestinian activist sparks protests over free speech. Conservationists voice concerns about federal job cuts impacting public lands, and Ohio invests in child wellness initiatives.

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Farmers worry promised federal reimbursements aren't coming while fears mount that the Trump administration's efforts to raise cash means the sale of public lands, and rural America's shortage of doctors has many physicians skipping retirement.

U.S. Supreme Court to Consider 'Independent State Legislature' Theory

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Thursday, July 14, 2022   

During its next session, the U.S. Supreme Court will consider the legal validity of the "Independent State Legislature" theory.

The case could cause a massive power shift in election administration. Broadly, a ruling endorsing the theory could bar state courts from weighing in on federal election policy, including redistricting.

Ethan Herenstein, counsel with the Democracy Program at the Brennan Center for Justice, said a previous Supreme Court ruling also blocked federal courts from weighing in on partisan gerrymandering.

"So, in short, if the Supreme Court were to rule for the gerrymanderers in North Carolina, that may mean that state legislatures are free, when it comes to congressional elections, to gerrymander to their heart's delight and there will be no court available to stop them," Herenstein cautioned.

Proponents of the theory contend the constitution grants state legislatures broad authority to administer elections, although it also states "the Congress may at any time by law make or alter such regu­la­tions." Herenstein explains the principle would not shield states from violating other federal election laws, and transgressions such as racial gerrymandering could still be prosecuted in federal court.

According to the Brennan Center, the theory was first formed in 2000 by then-Chief Justice William Rehnquist. Since then, Herenstein pointed out it has moved from a fringe ideology to the center of American politics.

"The Independent State Legislature theory is an incredibly radical and unprecedented theory that would throw our elections into chaos," Herenstein argued. "It has been debunked from virtually every conceivable angle."

In a worst-case scenario, the Brennan Center reports legislatures could use the theory to refuse to certify election results and establish their own slate of presidential electors, a strategy virtually identical to a method President Donald Trump attempted to deploy to overturn the 2020 election. The Supreme Court will likely issue a decision on the case next summer.

Disclosure: Fair Representation in Redistricting contributes to our fund for reporting on Civic Engagement. If you would like to help support news in the public interest, click here.


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