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At Liberty

This Supreme Court Case Could Upend Democracy

At Liberty

At Liberty

News

4.8585 Ratings

🗓️ 20 October 2022

⏱️ 29 minutes

🧾️ Download transcript

Summary

The Supreme Court is set to hear a case this term that could upend the very foundation of our democracy: free and fair elections. In the case of Moore v. Harper, the Supreme Court will decide whether the North Carolina Supreme Court has the power to strike down the legislature’s gerrymandered congressional map for violating the state’s Constitution. The North Carolina legislators are arguing for an interpretation of the U.S. Constitution — known as the "independent state legislature theory” — that would render the state’s other branches of government and their checks and balances powerless in matters relating to federal elections, giving full power to partisan-majority state legislatures to determine how votes are cast and counted. While this all may sound a little weedy, the stakes loom large. If the court sides with the North Carolina State legislature, Moore v. Harper, could change the face of our national elections and the rules that govern them. Joining us today to help break it all down are the ACLU’s National Legal Director David Cole and Senior Staff Attorney for the ACLU’s Voting Rights Project, Ari Savitzky, who also happened to write the ACLU’s amicus brief for the case.

Transcript

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0:00.0

From the ACLU, this is at Liberty. I'm Kendall Seasmayer, your host.

0:13.2

The Supreme Court is set to hear a case this term that could upend the very foundation of our

0:19.6

democracy, free and fair elections.

0:23.4

In the case of Moore v. Harper, the Supreme Court will decide whether the North Carolina

0:28.5

Supreme Court has the power to strike down their legislatures gerrymandered congressional map

0:35.3

for violating the state's constitution. The North Carolina

0:40.3

legislators are arguing for an interpretation of the U.S. Constitution, known as the

0:45.9

Independent State Legislature theory, that would render the North Carolina branches of government,

0:52.9

their checks and balances, their constitution,

0:56.7

powerless in matters of relating to federal elections, giving full power to partisan majority

1:03.4

state legislatures to determine how votes are cast and counted.

1:09.1

Now, while this may all sound a little weedy, the stakes loom large.

1:15.1

If the court sides with the North Carolina state legislature,

1:19.3

Moore v. Harper could change the face of our national elections

1:23.5

and the rules that govern them.

1:26.7

Joining us today to help break it all down are the ACLU's National Legal Director, David Cole,

1:33.3

and senior staff attorney for the ACLU's Voting Rights Project, Ari Savetsky,

1:38.7

who also happened to write the ACLU's amicus brief for the case.

1:46.8

David, Ari, welcome to At Liberty.

1:50.6

Thanks for having us.

1:51.7

Thank you.

1:52.6

So I want to start with the case at hand.

...

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