DDHQ Morning News Spotlight: SCOTUS Set to Consider the Independent State Legislature Doctrine Next Term, plus Flood Set to be Seated in House Despite Illegal Election

Morning Headlines

• SCOTUS is set to consider the Independent State Legislature Doctrine next term, a case that could have extremely wide-reaching implications on the future of the United States’ Democratic process. According to Elections Daily Writer Kraz Greinetz, this doctrine has a genuine constitutional basis, and Supreme Court Justices Thomas, Alito, and Gorsuch have also supported this logic to some extent in the past. Critics of the Independent State Legislature Doctrine, which effectively deems that only State Legislatures (not state and federal courts) hold the authority to decide election laws, argue that if this doctrine is implemented it could destroy a system of checks and balances and undermine the strength of democracy. If the doctrine is implemented, it could certainly destroy the Voting Rights Act and allow state legislatures to implement extreme gerrymanders if they are able to take control from redistricting commissions, such as a 10-1 in Virginia or 50-2 in California for Democrats and 14-1 in Ohio or 13-1 in North Carolina for the GOP. The doctrine would prevent Courts from intervening to ensure VRA compliance and dissuade dominant parties in states from adopting independent districting commissions. But there is a substantial defense for this doctrine, generally found in Article One, Section Four of the constitution.
• Although Republican Mike Flood appears set to replace disgraced former Representative Jeff Fortenberry in NE-01 after his Special Election victory on Tuesday, it is unclear which set of constituents Flood represents. While Fortenberry won his 2020 re-election in the “old” (pre-redistricting) Nebraska 1st District, Flood’s Special Election to complete Fortenberry’s term was held under the “new” (post-redistricting) lines for Nebraska’s 1st District. This means that part of Sarpy County will be represented by two different congressmen through the next six months, while the majority of Saunders County will have no representative. Although some on Twitter, such as Political Election Projections, have noticed this issue, this story has not yet been covered in mainstream media outlets. Flood is still likely to be seated, but lawsuits could be submitted by groups hoping to maintain a 10-seat Democratic majority in the House for as long as possible.

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