Suppressing Suppressors

I’ve only seen one other cartoonist tackle this issue, and he did it twice, but the issue did originate in his state. The reason other cartoonists aren’t jumping on it immediately is…because it’s hard. It’s a hard issue to understand and an even harder one to draw about, unless you want to throw in a gazillion words.

The Supreme Court rejected the Independent State Legislature theory yesterday. What is the Independent State Legislature theory? It’s a fringe theory that’s been used by Republicans, MAGAts, and other assorted fucknuts in yeehaw states that says state legislatures are independent and free to change election laws as they please without oversight or challenges from governors or courts. It’s a belief that in states, there is only one branch of government. The theory is applied in gerrymandering, voter suppression, and even attempts to overturn elections Donald Trump lost. Yeehaw.

The United States Constitution delegates power to administer federal elections to the states, subject to Congressional override. There are two relevant clauses. One is the Elections Clause, which reads, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”

The other is the Presidential Electors Clause, which reads, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.”

Proponents of the independent state legislature theory insist that these clauses give legislatures exclusive and absolute power to regulate federal elections. That means when it comes to federal elections, legislators would be free to violate their state constitution and courts couldn’t stop them.

The theory was used as part of an effort to dismantle Arizona’s independent redistricting commission before the 2020 election, which SCOTUS rejected. After the 2020 election, Trump and his shitweasel goons used the theory as part of their effort to overturn the results, which SCOTUS did reject although three justices adopted the Independent State Legislature theory, Clarence Thomas, Samuel Alito, and Neil Gorsuch. It’s funny that only one of the three justices appointed by the Shitweasel in Chief supported this ridiculous theory.

Then, gerrymandering voting suppressing fucks in the yeehaw states like North Carolina, Kansas, and others invoked the theory to try to block state courts from reviewing their maps. It was the case in North Carolina that landed in the Supreme Court, which rejected it by a vote of 6-3. Guess which three of the justices voted for the theory. The three who love expensive free vacations gifted by billionaire assholes, Tweedle-Dumb, Tweedle-Dumbfuck, and Tweedle-GotAStickUpHisAss.

Chief Justice John Roberts wrote the majority opinion which said the Constitution “does not exempt state legislatures from the ordinary constraints imposed by state law.” Clarence Thomas wrote the dissenting viewpoint, stating, “Nyuh-huh.”

Legal scholars from the left and right warned that adopting the theory could have profound consequences for nearly every aspect of federal elections, including by erasing safeguards against partisan gerrymandering and curtailing the ability to challenge voting restrictions in state courts.

Those in favor of the theory are afraid that this ruling elevates the power of federal courts, allowing them to second-guess at least some rulings of state courts based on state law. Uh, yeah. Courts should challenge legislatures in red states when they insist upon enacting voter suppression laws.

If we allowed this theory to be enacted into law, red states would eventually outlaw minority voting. I would not put it past them.

After Trump lost the 2020 election, Republican state legislatures worked diligently to make it harder for Democrats to win, especially in states that flipped from Trump to Biden. Georgia created laws reducing ballot drop boxes, voting days and hours, made it a crime to give water to voters waiting in line, and gave itself jurisdiction to override local election boards, like say in places like Atlanta where lots of non-white people live.

Republicans don’t want fair elections because when elections are fair, they lose. Most American voters reject Republicanism because Republicanism is another word for fascism.

This ruling will not stop Republicans from attempting voter suppression. It’s easier to win an election by changing the rules to favor your side than it is to adopt policies that appeal to most Americans.

Music note: I listened to Filter.

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