Moore vs Harper: Independent State Legislature Doctrine (Beau)

Beau, I think in your ire, you forgot to break this thing down for your audience. I think this is how the North Carolina case is laid out:

  • The Constitution allows the state legislature to set up voting districts within the state (essentially).
  • The North Carolina state legislature has proposed a new set of voting districts.
  • North Carolina state law allows the state’s courts to double-check voting district proposals.
  • The North Carolina state supreme court ruled that the new voting districts proposal was gerrymandered to hell and back; the legislature would have to redo it.
  • The state legislature then went to the US Supreme Court, saying that the Constitution allowing state legislatures to set up voting districts also specifically excludes everyone else from getting any say in the process.
  • The North Carolina state legislature wants to the US Supreme Court to override North Carolina’s own laws, and to rule that it is unconstitutional for state court systems to have a say the creation of state voting districts.
  • The US Supreme Court has agreed to hear this case.
    Their ruling will affect all 50 states.

If the US Supreme Court sides with the North Carolina state legislature, then state legislatures will quite literally be able to pick their voters.

Republicans Don’t Believe in Democracy

Do Democrats understand what they’re facing?

Item: Last week Republicans in the North Carolina House used the occasion of 9/11 to call a surprise votepassing a budget bill with a supermajority to override the Democratic governor’s veto. They were able to do this only because most Democrats were absent, some of them attending commemorative events; the Democratic leader had advised members that they didn’t need to be present because, he says, he was assured there would be no votes that morning.

Item: Also last week, Representative Adam Schiff, the Democratic chairman of the House Intelligence Committee, issued a subpoena to the acting director of national intelligence, who has refused to turn over a whistle-blower complaint that the intelligence community’s inspector general found credible and of “urgent concern.” We don’t know what the whistle-blower was warning about, but we do know that the law is clear: Such complaints must be referred to Congress, no exceptions allowed.

On the surface, these stories may seem to be about very different things. The fight in North Carolina is basically about the G.O.P.’s determination to deny health care to low-income Americans; the governor had threatened to veto any budget that didn’t expand Medicaid. The whistle-blower affair probably involves malfeasance by high government officials, quite possibly President Trump, that in some way threatens national security.

What the stories have in common, however, is that they illustrate contempt for democracy and constitutional government. Elections are supposed to have consequences, conveying power to the winners. But when Democrats win an election, the modern G.O.P. does its best to negate the results, flouting norms and, if necessary, the law to carry on as if the voters hadn’t spoken.

Similarly, last year America’s voters chose to give Democrats control of the House of Representatives. This still leaves Democrats without the ability to pass legislation, since Republicans control the Senate and the White House. But the House, by law, has important additional powers — the right to be informed of what’s going on in the executive branch, such as complaints by whistle-blowers, and the right to issue subpoenas demanding information relevant to governing.

The Trump administration, however, has evidently decided that none of that matters. So what if Democrats demand information they’re legally entitled to? So what if they issue subpoenas? After all, law enforcement has to be carried out by the Justice Department — and under William Barr, Justice has effectively become just another arm of the G.O.P.

This is the context in which you want to think about the latest round of revelations about Brett Kavanaugh.

First of all, we now know that the F.B.I., essentially at Republican direction, severely limited its investigation into Kavanaugh’s past. So Kavanaugh was appointed to a powerful, lifetime position without a true vetting.

Second, both Kavanaugh’s background and the circumstances of his appointment suggest that Mitch McConnell went to unprecedented lengths to create a Republican bloc on the Supreme Court that will thwart anything and everything Democrats try to accomplish, even if they do manage to take both Congress and the White House. In particular, as The Washington Post’s Greg Sargent notes, it seems extremely likely that this court will block any meaningful action on climate change.

What can Democrats do about this situation? They need to win elections, but all too often that won’t be sufficient, because they confront a Republican Party that at a basic level doesn’t accept their right to govern, never mind what the voters say. So winning isn’t enough; they also have to be prepared for that confrontation.

And surely the first step is recognizing the problem exists. Which brings me to the Democratic presidential primary race.

The leading candidates for the Democratic nomination differ considerably in both their personalities and their policy proposals, but these pale beside their differences from Donald Trump and his party. All of them are decent human beings; all would, if given the chance, move America in a notably more progressive direction.

The real chasm between the candidates is, instead, in the extent to which they get it — that is, the extent to which they understand what they’re facing in the modern G.O.P.

The big problem with Joe Biden, still the front-runner, is that he obviously doesn’t get it. He’s made it clear on many occasions that he considers Trump an aberration and believes that he could have productive, amicable relations with Republicans once Trump is gone.

Which raises the question: Even if Biden can win, is he too oblivious to govern effectively?

Republicans Are No Longer Committed to That Whole Peaceful Transfer of Power Thing

You may not have noticed this when it happened, but North Carolina elected a Democratic governor in 2016. It was a close race, and Republicans demanded multiple recounts, but eventually they conceded and Roy Cooper was declared the winner.

But that didn’t mean everything was over. After all, there was another month left in which lame duck Republican Pat McRory was still governor and the Republican legislature was still running things. So they did something unique: they passed a series of bills that stripped the governor of some of his powers. Cooper sued after he took office, of course, and the whole mess is currently working its way through the courts. Still, as corrupt as this was, at least it was just North Carolina, which has a recent history of anti-democratic actions barely matched since the end of Reconstruction.

.. In the same way that voter ID bills spread throughout red states after the first one produced light bulbs all over GOP-land, the same thing is happening here. Republicans who lost reelection bids in November are casting their eyes toward North Carolina and thinking that those Tarheels had a pretty good idea. Here’s Michigan:

.. The incoming Democrats had promised a crackdown on dark money contributions, and this is an obvious attempt to stop them. The new commission would be split evenly between Republicans and Democrats, which would halt campaign finance reform in its tracks. And if Michigan can do it, you know that Scott Walker must be looking on from Wisconsin wondering if he can do the same thing.

.. And so the red splotch expands, as Republicans desperately try to thwart democracy and the usual peaceful transfer of power. Will our courts let them get away with this? Stay tuned.

Watering Down Democrat’s Power in Wisconsin

Republicans in the state have passed sweeping legislation to rein in the authority of the incoming governor and attorney general, both of them Democrats.

Across the country, Democratic candidates for governor and attorney general have won seats that had long been held by Republicans. But Republican-controlled legislatures in some states are resisting that transfer of power.