Moore v Harper

Crimson1967

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Could someone explain in simple terms exactly what the case is about and what happens if either side wins?
 

Padreruf

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Could someone explain in simple terms exactly what the case is about and what happens if either side wins?
If the Repubs win then there would be no court oversight by the state courts of the legislators re elections -- they could decide who to give Electors to, etc. The SCOTUS already ruled that the Federal courts had no jurisdiction over elections in states. If a state legislator wanted to decide to give the election to a candidate they could do so and no one could stop them...it's a pretty radical idea...and the way for a minority party to stay in power and thwart democracy.

If the Dems win then there is court oversight...as there is now. Doesn't mean all elections will be honest and fair...just the public perception will be that the legislators are not stealing them.

The key question comes down to what was originally meant by the word "legislator..." -- which even the more conservative members of the SCOTUS indicate that it was a broad term referring to more than just the state house or senate.

I will find it hard to believe that SCOTUS will do away with this...

I am not a lawyer, but I do have a younger brother who is a lawyer..and I slept in my own bed last night.
 
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NationalTitles18

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If the Repubs win then there would be no court oversight by the state courts of the legislators re elections -- they could decide who to give Electors to, etc. The SCOTUS already ruled that the Federal courts had no jurisdiction over elections in states. If a state legislator wanted to decide to give the election to a candidate they could do so and no one could stop them...it's a pretty radical idea...and the way for a minority party to stay in power and thwart democracy.

If the Dems win then there is court oversight...as there is now. Doesn't mean all elections will be honest and fair...just the public perception will be that the legislators are not stealing them.

The key question comes down to what was originally meant by the word "legislator..." -- which even the more conservative members of the SCOTUS indicate that it was a broad term referring to more than just the state house or senate.

I will find it hard to believe that SCOTUS will do away with this...

I am not a lawyer, but I do have a younger brother who is a lawyer..and I slept in my own bed last night.
Then why are they even entertaining the argument? It's a rhetorical question.
 
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