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Moore vs Harper -- PB LAWYERS -- Huge SCOTUS Case to Be Decided Next?
Posted on 6/30/22 at 5:43 pm
Posted on 6/30/22 at 5:43 pm
In light of Sammy and AggieHank fading the "I still don’t get the “No standing” ruling" thread, I thought this topic might be more interesting for our PT legal types.
quote:
Moore v. Harper
Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.
LINK
7
Posted on 6/30/22 at 5:48 pm to NC_Tigah
That’ll absolutely be a landmark case for next session.
Posted on 6/30/22 at 6:07 pm to NC_Tigah
quote:
Moore v. Harper
Issue: Whether a state’s judicial branch may nullify the regulations governing the “Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions purportedly vesting the state judiciary with power to prescribe whatever rules it deems appropriate to ensure a “fair” or “free” election.
thats too close to saying SCOTUS, through its ignoring valid claims, went along with the deep state and stole the election to get rid of trump.
so they will most likely just balk and not follow the constitution on that one
Posted on 6/30/22 at 6:15 pm to NC_Tigah
quote:
“Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof,” and replace them with regulations of the state courts’ own devising, based on vague state constitutional provisions
The Constitution grants the power to state legislatures,
It isn't an vague Constitutional provision
Posted on 6/30/22 at 6:21 pm to NC_Tigah
quote:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;
article 1 section 4 the state judiciary can’t do shite
Posted on 6/30/22 at 6:22 pm to NC_Tigah
Laches
Posted on 6/30/22 at 6:29 pm to Wednesday
Can the state legislature delegate the power, though?
“We designate elected official X, let’s call him a Secretary of State, to handle the day to day affairs and logistics of running elections and to certify the election was conducted in accordance with the laws we promulgate.”
Based on today’s EPA ruling they may say no, but that delegation has been kosher for decades now.
“We designate elected official X, let’s call him a Secretary of State, to handle the day to day affairs and logistics of running elections and to certify the election was conducted in accordance with the laws we promulgate.”
Based on today’s EPA ruling they may say no, but that delegation has been kosher for decades now.
This post was edited on 6/30/22 at 6:30 pm
Posted on 6/30/22 at 6:35 pm to Strannix
quote:
Laches
Posted on 6/30/22 at 6:45 pm to Indefatigable
quote:
That’ll absolutely be a landmark case for next session.
So around June 30, 2023 we can expect the decision.
Posted on 7/1/22 at 12:43 pm to NC_Tigah
Can someone ELI5? Im dumb.
Posted on 7/1/22 at 12:46 pm to Loserman
quote:
The Constitution grants the power to state legislatures,
It isn't an vague Constitutional provision
Yeah well roe vs wade was the same issue and just as clear and it took decades to overturn that horrible ruling.
Posted on 7/1/22 at 12:47 pm to NC_Tigah
Moore v. Harper will be a fascinating case to watch. Personally, I think at first glance that the state court overstepped its authority, but I've not delved deeply into it yet.
This post was edited on 7/1/22 at 12:50 pm
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