WTF Just Happened Today?

Day 889: "Now we have a problem."


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1/ The Supreme Court rejected a legal theory that state legislatures have the power to decide the rules for federal elections and draw partisan congressional maps. The justices ruled in a 6-3 vote that the North Carolina Supreme Court was acting within its authority when it struck down a congressional districting plan as excessively partisan under state law. In doing so, the court rejected the so-called “independent state legislature” theory, a fringe legal theory that Republicans claims limits the authority of state courts to question state legislatures on election laws for federal contests. Chief Justice John Roberts wrote for the majority that “state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.” Roberts added: “The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review.” Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. Trump and his allies used the now-rejected “independent state legislature” theory to justify their attempts to overturn the 2020 election. (Washington Post / NBC News / NPR / New York Times / Associated Press / Politico / CNN)

  • 💡 Why should I care? The “independent state legislature” theory is the idea that only state lawmakers can set voting rules for federal elections. If accepted, state legislature could drastically change voting rules and limit your ability to participate in elections by, for example, limiting mail-in voting or reducing the number of polling places to make it harder for you, your family, or your neighbors to vote. It’s not just about legal rules – it’s about who gets a say in the future of our democracy. If fewer people can vote, fewer people will have a say in our government, what laws get made, and how our lives are impacted by those laws.
  • 2/ Special counsel Jack Smith’s office will interview Georgia Secretary of State Brad Raffensperger as part of the federal investigation into Trump’s efforts to overturn the 2020 election. In January 2021, Trump called Raffensperger and pressed him to “find” the votes needed to win Georgia – a state that Biden won by nearly 12,000 votes. Trump told Raffensperger: “All I want to do is this. I just want to find 11,780 votes, which is one more than we have. Because we won the state.” Trump has repeatedly defended the call, calling it “perfect.” (Washington Post / NBC News /

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    WTF Just Happened Today?By Matt Kiser

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