Supreme Court
Supreme Court to issue decisions on affirmative action, student loans by the end of the month

Good evening from New York I'm Chris Hayes it is not often the case these days but today the Supreme Court issued a long anticipated Monumental ruling that actually bolsters America's Democratic strength now the case before the court today contained at its core an idea that was Central to the Donald Trump scheme to overturn the 2020 elections the question of whether State legislatures can do whatever they want in elections up to and including simply appointing electors to their preferred candidate even when the citizens of their state vote the other way Trump's lawyers pushed the idea that Republican legislators in all kinds of States could simply ignore the will of the people in states that voted for Joe Biden and opt instead to send their own fake electors Trump electors to Congress it was fake electors in seven swing States Arizona Georgia Michigan Pennsylvania New Mexico and Nevada that in coordination with the Trump campaign sought to overthrow the election results Trump and his lawyer John Eastman along with others actively lobbied for and pushed this idea across multiple states trying in fact to get state legislatures to abandon their Core Democratic Duty and choose instead a path to essentially Crown Trump King here's the former speaker the Arizona House Republican conservative Rusty Bowers describing a 2020 call he got from Trump coup lawyer John Eastman and what did uh Dr Eastman want you to do um that we would in fact vote take a vote to overthrow or I shouldn't say overthrow that we would decertify the electors and that that because we had plenary authority to do so I said what would you have me do and he said just do it and let the court sort it out plenary Authority Absolute Total Authority the state legislators have total Authority over who wins an election we now have new reporting from The Washington Post that special counsel Jack Smith has taken a keen interest in the fake electors plot focusing specifically on potential fraud New York Times recently reported that one of the Trump campaign's key players in the scheme may actually be cooperating with Federal prosecutors and tomorrow Republican Georgia Secretary of State Brad raffensberger who Trump infamously called and told to find roughly 11 000 votes to overturn the Georgia results we'll meet with Federal prosecutors for as far as we know the first time on the special counsel's team in Atlanta we're gonna have more on the special counsel's investigation and the rapid developments coming up but again at the core of Trump's attempted coup and there's a bunch of things going on but at its core as articulated by John Eastman as he told Rusty Bowers is this bizarre to my mind facially ludicrous Fringe idea that conservatives ran with after their scheme failed to return Trump to the White House it's called the independent state legislature Theory although calling it a theory gives it a little too much credit and it would give State legislatures plenerally virtually unchecked power over Federal elections it was an idea infamously pushed by coup memo author John Eastman and his allies in Congress basically says state legislatures are the ultimate Arbiters of how elections are run in a state no matter what state law or state officials or crucially state courts say all we are demanding of Vice President Pence is this afternoon at one o'clock he let the legislatures of the state look into this so we get to the bottom of it and the American people know whether we have control of the direction of our government or not [Applause] this is bigger than president trump it is the very essence of our Republican form of government and it has to be done and anybody that is not willing to stand up to do it does not deserve to be in the office it is that simple that was the speech at the ellipse right before an angry mob went to the Capitol and bashed a bunch of cops brains in the Insurrection on January 6 failed in its goal to subvert democracy it failed to keep Donald Trump in office for a second term but in many ways the spirit of the coup of Donald Trump's multi-plong plan to overturn the election results continued and continues I mean we've seen in state after State like Arizona Georgia and Texas Republicans stripping power from State elections officials and candidates vowing to abolish bipartisan election Commissions in States like Wisconsin so this time it wasn't a violent mob but politicians locally elected officials at the state level trying to carry out a version of Eastman's Vision right to take power back from any official that has it delegated and give it all to the state legislatures so that they can run elections entirely not coincidentally those are also the places where Republicans have a lot of control and they've been doing it right in front of all of us I mean we were covering it back in May of 2021 in Arizona Republican state legislators stripped Secretary of State Katie Hobbs a Democrat of her ability to defend election lawsuits and it gave the power to who well exclusively to the attorney general a republican we are watching essentially a slow-motion Insurrection being carried out by Republicans in suits and ties in States all across the country they are putting the pieces in place to do in the next elections what the mob failed to do on January 6th and that slow motion Insurrection this idea from the right wing that the power of self-governance does not sit in the hands of the people the idea that the power and oversight of Elections belongs to basically Republican self gerrymandered majorities in the state level that idea that core idea is the subject of today's Monumental Supreme Court ruling the cases out of the state of North Carolina it's called Moore V Harper and in it North Carolina Republicans argued that this independent state legislature Theory gave them virtually unchecked power over elections the lawmaker's argument hinges on a political concept called the independent state legislature Theory based on the Constitution's election Clause saying the time place and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof so if the court lands on the side of North Carolina House speaker Tim Moore and his Republican colleagues Fredrickson explains it could mean State legislatures can act independently and governors and state courts would have no ability to check laws related to federal election today in the 6th Street ruling the Supreme Court rejected that extreme extreme and dangerous legal Theory not to say one completely unfounded in the text of the Constitution the case centers are an extremely aggressive partisan North Carolina congressional map John bye Republican in this Republican state legislature very gerrymandered using 2020 census data and it's a map that would give Republicans up to 10 seats in the House in early 2022 the North Carolina Supreme Court threw out that gerrymandered map and rejected Republicans arguments that state courts had no role to play in drawing Congressional Maps and then conservatives tried to go over the state Court's head challenge the ruling on the cart and went to the Supreme Court to argue that the constitution gives them and only them us in the state legislature the only and total power over how we draw Congressional Maps state courts don't matter well today the conservative Supreme Court that Donald Trump is responsible for shaping plainly rejected this radical and dare I say it kooky notion Chief Justice John Roberts authored the six to three opinion with both Trump appointed justices Brett Kavanaugh and Amy Coney Barrett siding with the Liberals Justice Clarence Thomas samuelito Neil Gorsuch dissented in his opinion for the majority chief justice wrote that quote legislatures the framers recognized are the mere creatures of the state constitutions and cannot be greater than their creators meaning the state government as a whole functions to oversee elections if there's a state constitution that's interpreted by state courts they get a say State legislatures aren't some like special magical power that overrules everything in the state that's ludicrous this is the second pro-democracy ruling from this very right-wing Court this term alone remember a few weeks ago they also upheld crucially section two of the Voting Rights Act and struck down a flagrantly biased Alabama Congressional map and I can't read the minds of the justices particularly Roberts and Kavanaugh who are the majority of both opinions but I have to think the sustained Focus amongst the press and civil society and politicians on the very real indeed existential threats the American experiment as posed by John Eastman Donald Trump and his movement the focus on that has shaped the Court's thinking and thank goodness for that thank you




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