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   Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:04 JST Judd Legum

   1. The Supreme Court decision in Moore v. Harper yesterday, rejecting the independent state legislature theory, was very good news.

   But it wasn't ALL good news.

   Roberts' majority opinion includes a caveat

   Follow along if interested.

   🧵

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:14 JST Judd Legum

     in reply to

     5. All of this is very poorly defined and the standards for "ordinary" judicial review and statutory interpretation are unclear.

     But Roberts decision opens the door for the Supreme Court to intervene in controversial election issues whenever it wants.

     Which is not great.

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:18 JST Judd Legum

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     4. WTF does that mean? Well, Roberts is essentially establishing a concurrence in Bush v. Gore as precedent

     In that case, 3 justices wrote that the Florida Supreme Court's order to recount certain ballots exceeded "ordinary statutory interpretation" and was invalid.

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:22 JST Judd Legum

     in reply to

     3. Roberts ruling, however, comes with a potentially significant caveat.

     He says while state courts can review actions of the legislature on election issues, federal courts can overrule state courts if they "transgress the ordinary bounds of judicial review"

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:29 JST Judd Legum

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     2. Writing for six Justices, Roberts rejected the independent state legislature theory, which the Supreme Court has rejected for 100 years.

     "The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review."

     https://popular.info/p/democracy-dodges-a-bullet

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:49:51 JST Judd Legum

     in reply to

     6. It's unlikely that the three liberal justices who signed onto Roberts' majority opinion wished to endorse a controversial aspect of Bush v. Gore. But it was the price for avoiding a more extreme outcome.

     https://popular.info/p/democracy-dodges-a-bullet

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     Judd Legum (juddlegum@journa.host)'s status on Thursday, 29-Jun-2023 08:50:36 JST Judd Legum

     in reply to

     7. Anyone who cares about getting accurate and reliable info should not to rely on Twitter to get it.

     Twitter's algorithm is being manipulated to promote unreliable accounts.

     Subscribe to Popular Information (free) and get accurate info directly

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