Plog Number 104
Moore v Harper
Good Morning Ploggers. How are you all? I am hoping that you are enjoying December this year. I made a conscious decision to enjoy it this year. No being so busy that I find myself on the other side of Christmas wondering where it went. Nope. This year I enjoy every light display I see, every Christmas song I hear, and the Christmas🧑 🎅 🧑🏻 trees in my home and office. They all are beautiful and bring me JOY. As James Taylor said “The secret of life is enjoying the passage of time” 🎼 Handy man album circa 1977.
It has been hard to ignore that The Supreme Court has been hearing arguments on issues that have the capacity to really change our lives and rock our worlds. That seems to be what they do these days. The cases involve important family issues such as: our reproductive rights, same sex marriage, interracial marriage, state voting rights, affirmative action and Moore. Pun intended Ha Ha Ha. Many of these cases are requested by the Supreme Court Justices. This is called grooming. They communicate to the Federal Court bench and tell them which cases they want to hear. A Writ of Certiorari is granted and the Voila the cases is heard in front of the ⚖️ Supremes. The process is much more complicated than that. The history of this case goes back to 9/27/2019. There are numerous appeals, injunctions, rebuttals, Amicus Curiae and appendixes. It takes a lot to get to the Supreme Court.
After the Dobbs decision a giddy Clarence Thomas spoke out publically 📢 and stated that they (the Supreme Court) intended to hear many cases this term (now) and fix them because they were "riddled with errors". Oral arguments were held December 7, 2022 on the issue of Independent State Legislature (ISL) The case Moore v Harper comes from North Carolina and asks for strong powers for the states in national elections. The Moore side is represented by the Speaker of the North Carolina House Timothy K.Moore. Harper is represented by Rebecca Harper et al. Harper is a Real Estate Activist who is involved as a plaintiff in two other North Carolina cases fighting Gerrymandering. Also Moore v Harper is a consolidation of several cases in North Carolina, that explains the et al.. She may turn out to be an unsung 🎊 hero in this now federal fight. It was difficult to find out much about her. But I will keep digging.
The ISL theory would give state legislatures sole authority over federal elections and yes that is as bad as it sounds. Governors such as, would be Governor, Kari Lake could veto state laws and override the popular votes and have unfettered rights over drawing congressional maps. Justices Brown-Jackson and Sotomayor questioned the Moore lawyer in non-supportive ways. Justices Kavanaugh and Alito seemed to oppose the Moore attorneys. Justice Gorsuch seemed to have unreserved support of the ISL. Justice Kagan saw problems with the precedents involved and Justice Roberts seemed to focus on a three fifths argument. Justice Barrett seemed outright in opposition to the Moore ISL argument. I have yet to find Justice Thomas’ point of view, but I would bet he is in favor of Moore. MSNBC 📺 legal analyst Neal Katyal argued on the Harper side of the argument. His input was brilliant and highlighted what the Moore side was trying to do in controlling future elections.
The timing of the actual Ripeness of this case seems oddly coincidental with the failed takeover that 45 was crafting with stacking Secretary of States, Senators and Governors with his "Denier" candidates. If all of the 45 supported candidates had won AND Moore v Harper had come before the Supreme Court with the Moore side winning, Democracy would have been effectively shut down. Period. End of story. This case was a safety net for the realization that Republicans are a losing party. Without "special" help they are unable to win national elections. It seems obvious to me that considerable planning has gone into the grooming of this case. I think Justice Thomas tipped his hand when he hinted at these important cases and his eagerness to "fix" them. The decision is yet to be made, and will come out after deliberation. I will be waiting to see the out come and I will plog about it. I will plog about both the majority and dissent opinions because it is too important to ignore. I am hopeful that the decision will support Democracy and side with Rebecca Harper et al. RECLAIM
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