Supreme Court case could undermine the blueprint of our democracy
Acrushing blow to our democracy could come this spring when the U.S. Supreme Court issues a decision in a major voting rights case, Moore v. Harper. The case could grant state lawmakers unchecked power to undermine our election processes, a reckless legal power grab that would have shocked the architects of our Constitution.
In the first few weeks of 2023, Ohio passed an anti-voter law making it more difficult for mailed-in ballots to be counted and stifling turnout in poorer communities while, in Pennsylvania, a backdoor attempt to codify discriminatory voter identification rules is underway.
In Texas — one of the most challenging places in our country to vote — lawmakers kicked off their legislative session trying to establish an unnecessary election crimes squad and enhancing the criminal penalties people could face for making errant mistakes while voting.
These are mild precursors to what will come if five of the nine Supreme Court justices decide state lawmakers can make decisions about elections without being held to standards set by state laws and constitutions.
Moore v. Harper went before the court for oral arguments in December after the North Carolina Supreme Court ruled that unfair congressional voting maps gave partisans an unconstitutional advantage in this purple state by violating the state’s constitution and illegally diluting Black voters’ power. Following North Carolina’s existing laws, the court gave the legislature another chance to draw fair maps.
Instead, Republican lawmakers dredged up a flimsy, fringe legal argument called the “independent state legislature theory” and appealed, asking the Supreme Court to grant them unchecked power going forward regarding decisions about federal elections. Gone would be the checks-and-balances function long served by state judges.
This group of power-hungry politicians is essentially telling the Supreme Court, “Just trust we’ll do the right thing.”
This would be laughable on its face if the stakes weren’t so very high.
We know those who penned our Constitution in 1787 were unequivocal about the importance of putting checks and balances into every level of government and vesting power in the people. It was essential to the Founders to guard against any one person, group or political party seizing control in a way that undermines public will.
If our Supreme Court justices ignore 250-plus years of legal precedent, they’ll also be setting the stage for election pandemonium: One set of rules for state and local elections and another for congressional and presidential elections. Imagine, as a voter, having to figure out where and when to vote to cast a ballot for president and then finding out you need to vote at a different time and place while choosing your next governor.
Finally, a bad decision could usher in the equivalent of a partisan arms race in this country as the two major political parties battle in red, blue and purple states.
The collective will of the voters would become an afterthought as Democrats and Republicans alike scramble for power to cement partisan advantages or curtail popular early voting and voting-by-mail options.
My hope is the Supreme Court, when it issues its ruling later this year, pushes back against all this and keeps political power where it belongs — in the hands of the people.
Meantime, we the people need to keep pushing with all our might to demand our elections be free and fair through comprehensive voting rights protections at the federal and state levels so that our democracy never faces this type of peril again.