Friday, March 31, 2023

Play

Donald Trump indicted by Manhattan grand jury, Georgia campaign fights to reopen local hospitals, and New Mexico creates first-ever $100M conservation fund.

Play

Former President Donald Trump is indicted by Manhattan's district attorney, House Republicans take aim at renewables in new energy bill and House Dems introduce the Women's Protection Health Act.

Play

Small towns respond to a hidden housing and homelessness crisis, a new national weather prediction system will help close the gap between urban and rural forecasting, and more rural communities are eligible for a design project to boost economic development.

ME Election Officials Sound Alarm on 'Independent State Legislature Theory'

Play

Wednesday, July 20, 2022   

The U.S. Supreme Court plans to consider a case which could have major implications on the power of state legislatures to control elections.

In Moore v. Harper, the North Carolina Supreme Court struck down a redistricting plan for violating the state constitution.

Shenna Bellows, Maine's Secretary of State, said the case brings up what has historically been a fringe interpretation, known as the Independent State Legislature Theory. It suggests authority over elections administration, including redistricting, is solely with the state legislature.

Bellows countered the theory runs counter to the idea of checks and balances.

"For this United States Supreme Court to suddenly suggest that the state Supreme Courts have no power to interpret the state constitutions when it comes to elections, undermines the strength of our democracy itself," Bellows asserted.

Bellows noted the elections clause in the Constitution also states Congress may at any time make or alter regulations, so states are not shielded from federal election laws. But she added the current Congress has failed to move on national standards for voting rights.

Despite the case being about redistricting in North Carolina, Bellows pointed out a decision would not likely affect Maine's redistricting. She contended Maine's process is a model for the nation, with a bipartisan commission.

"What is concerning is that the Legislature could pass an election law governing how federal elections are carried out that violates our constitutional principles," Bellows cautioned. "Under this theory, the state Supreme Court could not oversee that."

Bellows emphasized the theory has not been taken seriously in U.S. history before.

"But this U.S. Supreme Court has shown a willingness to completely set aside precedent, and to overturn things that we've taken for granted in our society, time and time again," Bellows acknowledged.

According to the Brennan Center for Justice, in a worst-case scenario, state legislatures could use the theory to refuse to certify election results and establish their own slate of presidential electors; a strategy similar to how former President Donald Trump attempted to overturn the 2020 election. The Supreme Court will not issue a decision on the case until next summer.


get more stories like this via email
Parents, students and teachers are raising concerns over proposed education policies in the Sunshine State. (Pixabay)

Social Issues

Some students, parents and educators plan to rally to send a message to Gov. Ron DeSantis on April Fools' Day. The group of unions, parents and …


Health and Wellness

Small-business owners in North Carolina are reaching out to legislators for help, citing hospital mergers as one reason their health-care costs are …

Environment

A REASONS TO BE CHEERFFUL/SOLUTIONS JOURNALISM NETWORK/WISCONSIN NEWS CONNCECTION COLLABORATION Milwaukee is tied to a wave of freeway removals in th…


Sleep affects all aspects of health and, conversely, it's affected by everything going on in your mind and body, as well as in your environment, according to the American Sleep Apnea Association. (Adobe Stock)

Health and Wellness

Doctors in Iowa are studying the brains of babies to learn more about sleep patterns in adults and teens. The United Health Foundation reports one-…

Social Issues

While National Medal of Honor Month is ending, plans to develop a museum and monument for the award are continuing. Numerous Medal of Honor …

Social Issues

Labor leaders in various industries recently celebrated the 85th anniversary of a federal law that laid the groundwork for registered apprenticeship p…

Health and Wellness

Two Atlanta facilities are the latest hospital closures in Georgia, reflecting a trend for more than a decade that's left tens of thousands of people …

 

Phone: 303.448.9105 Toll Free: 888.891.9416 Fax: 208.247.1830 Your trusted member- and audience-supported news source since 1996 Copyright © 2021