'The Supreme Court’s extremist justices are aiming their next dagger at the heart of the entire democratic enterprise: voters’ right to pick leaders of their choice.'
redistricting system, which voters adopted by initiative, empowering an independent body to draw electoral districts. Now, under the independent legislature theory, the court could strike down Arizona’s nonpartisan scheme because the state’s Constitution allowed voters to make election law.a Pennsylvania state court decision striking down Republican-drawn gerrymandered congressional maps.
Constitutional textualists such as former federal judge J. Michael Luttig, the preeminent conservative jurist, already see what lies ahead.that the pushers of this debunked theory would also seek to apply it to presidential elections to “‘steal’ from Democrats the presidential election in 2024.
Voters can also elect state legislators committed to respecting the will of their constituents, regardless of the gimmicks dangled in front of them by autocrats posing as lawyers. Keeping our power as citizens to choose our leaders and keeping our republic are one and the same. We need to recognize the great peril we now face and speak out fiercely against what we can foresee unfolding in state legislatures and on the Supreme Court.
Laurence H. Tribe is the Carl M. Loeb University professor emeritus at Harvard Law School. Dennis Aftergut, a former federal prosecutor, is currently of counsel to
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