Liberal Forum

Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.

https://www.scotusblog.com/case-files/c ... -harper-2/
 
 

GeorgeWashington » 01 Jul 2022, 9:14 pm » wrote: ↑

01 Jul 2022, 9:14 pm

Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.

https://www.scotusblog.com/case-files/c ... -harper-2/

I hope they settle this before the midterms and the predictble blue tsunami.

GeorgeWashington » 01 Jul 2022, 9:14 pm » wrote: ↑

01 Jul 2022, 9:14 pm

Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.

https://www.scotusblog.com/case-files/c ... -harper-2/
 
 

 

No that will be interesting.  

GeorgeWashington » 01 Jul 2022, 9:14 pm » wrote: ↑

01 Jul 2022, 9:14 pm

Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.

https://www.scotusblog.com/case-files/c ... -harper-2/

Talk about creating a confusing election in 2024.  If SCOTUS rules the state judiciary can prescribe rules for state elections, they could contradict the rules established by the state legislature...and the US Constitution gives the various state legislatures plenary authority to determine how electors are chosen (what type of ballots are acceptable, deadlines, signatures matching, etc.).  That could result in ballots having to be deemed legal and counted one way for the top race (President) and another for all the other races on the ballot.  Given how slow some states are when it comes to counting...it might be December before some states have results.