To donate by check, phone, or other method, see our More Ways to Give page.

×
  • Home
  • Politics
  • Climate
  • Economy
  • Rights & Justice
  • War & Peace
  • Breaking News
  • Opinion
  • News
  • Newswire
  • Further
  • Planned Parenthood Action Fund
  • Trade Justice Education Fund
  • Profile Organization Test
  • ProsperUS
  • Repairers of the Breach
  • Fix Our Senate
  • ACLU Florida
  • Alliance for Retired Americans
  • Concerted Action
  • Green New Deal Network
  • Costs of War
  • Fossil Free Media
  • Center for Democratic and Environmental Rights
  • Independent Jewish Voices Canada
  • Cascadia Wildlands
  • Congressman Jamaal Bowman
  • Environmental Defense
  • National Coalition for the Homeless
  • Riverkeeper
  • U.S. Campaign to Ban Landmines
  • Free Gaza Movement
  • Friends of the Earth Europe
  • Bulletin of the Atomic Scientists
  • Basel Action Network
  • Healthy California Now
  • Groundwork Collaborative
  • One Fair Wage
  • Progressive International
  • Data for Progress
  • Congressman Ro Khanna
  • Fight Corporate Monopolies
  • Mijente
  • Congresswoman Pramila Jayapal
  • Oxfam America
  • Repair Our Democracy
  • Farm Action
  • Accountable.Senate
  • The Sentencing Project
  • Hunger Free America
  • Fridays for Future
  • Family Farm Action
  • National Family Farm Coalition
  • Protect the Results
  • AFSCME
  • Color Of Change PAC
  • MPower Change
  • Western Watersheds Project
  • WildEarth Guardians
  • The Elders
  • Gwich'in Steering Committee
  • Stop the Money Pipeline
  • RootsAction
  • United Nations Human Rights - Special Procedures
  • Quaker United Nations Office (QUNO)
  • Communications Workers of America
  • The Endangered Species Coalition
  • Center for Climate Integrity
  • Climate Power
  • NORML
  • Lower Drug Prices Now
  • National Education Association (NEA)
  • Democracy Initiative
  • Small Business for Paid Leave
  • Campaign Legal Center
  • Muslim Advocates
  • Congresswoman Ilhan Omar
  • Accountable.US
  • Climate Mobilization
  • GLAD
  • Out & Equal
  • American Federation of State, County and Municipal Employees
  • The Sunrise Project
  • American Economic Liberties Project
  • Bend the Arc
  • Poor People's Campaign
  • Jewish Voice for Peace Action
  • The Revolving Door Project
  • Congresswoman Alexandria Ocasio-Cortez
  • TIME'S UP Now
  • Oil Change U.S.
  • Vote Climate U.S. PAC
  • Community Change Action
  • Democracy 21
  • Environmental Justice Foundation
  • Center for Popular Democracy Action
  • Climate Justice Alliance
  • Free Press Action
  • International Rivers
  • JVP Action
  • Open Markets Institute
  • Center for Popular Democracy
  • Stand Up America
  • Demand Justice
  • Stand.earth
  • By the People
  • The Sanders Institute
  • Tax March
  • Friends of the Earth Scotland
  • Justice Democrats
  • Sunrise Movement
  • Western Values Project
  • Good Jobs First
  • Climate Works for All
  • Democratic Socialists of America
  • Freedom From Facebook & Google
  • National Center for Transgender Equality
  • As You Sow
  • Rootstrikers
  • Every Voice
  • Direct Action Everywhere
  • Earthworks
  • Global Witness
  • National Abortion Federation
  • Representative Keith Ellison
  • Transgender Law Center (TLC)
  • Sea Shepherd
  • American Promise
  • Americans For Tax Fairness Action Fund
  • Biofuelwatch
  • Grassroots International
  • Climate Justice Programme
  • End Rape On Campus (EROC)
  • Stop the Wall
  • Organization for Competitive Markets
  • Balestra Media
  • Pacifica Foundation
  • The LGBT Network
  • Compassion in World Farming
  • UNHCR
  • Community Alliance for Global Justice
  • Elders Rising
  • Moms Demand Action For Gun Sense in America
  • The Right Livelihood Award
  • Women's Earth & Climate Action Network (WECAN)
  • The International Rescue Committee
  • Women Cross DMZ
  • Acadia Center
  • American Sustainable Business Council (ASBC)
  • The New York Immigration Coalition
  • GAIA
  • The Culinary Union
  • The American Immigration Council
  • Citizens Against Monopoly
  • Our Revolution
  • United We Dream
  • National Women's Law Center
  • SumofUs
  • Global Zero
  • The Immigrant Legal Resource Center (ILRC)
  • NAACP Legal Defense Fund
  • Network Lobby
  • NIAC Action
  • Asian Americans Advancing Justice
  • Freedom of the Press Foundation
  • Progressive Congress Action Fund
  • The Main Street Alliance
  • Millions Marching For Medicare For All
  • The World Health Organization
  • Senator Elizabeth Warren
  • Rep. Barbara Lee
  • John Conyers, Jr., Congressman
  • The Commonwealth Fund
  • Social Security Works
  • Mercy for Animals
  • American Federation of Teachers
  • Climate Disobedience Center
  • Nuclear Age Peace Foundation
  • Open Media
  • Campaign for Nuclear Disarmament
  • Community Environmental Legal Defense Fund
  • Bold Alliance
  • The Greenlining Institute
  • Physicians for Reproductive Health
  • Americans for Tax Fairness
  • Climate Action Tracker
  • American Federation of Government Employees
  • Patriotic Millionaires
  • Congresswoman Barbara Lee
  • Progressive Change Campaign Committee
  • Indivisible
  • Friends of the Earth Action
  • Stop the War Coalition
  • Earthrights International
  • Free Speech for People
  • National Employment Law Project
  • Navdanya International
  • Open Debate Coalition
  • Shut It Down - Climate Direct Action
  • SOA Watch
  • Grassroots Global Justice Alliance
  • Green Party of the US
  • Live Share Grow
  • Advancement Project
  • Chicago Teachers Union
  • Indigenous Environmental Network
  • Financial Accountability and Corporate Transparency (FACT) Coalition
  • Coalition to Stop Gun Violence
  • The Leadership Conference on Civil and Human Rights
  • Stop Mass Incarceration Network - Chicago
  • International Campaign to Abolish Nuclear Weapons (ICAN)
  • Progress Michigan
  • 350 Action
  • Climate Action Network International
  • Climate Tracker
  • Regeneration International
  • Ecojustice
  • Together for Global Justice (CIDSE)
  • Carbon Underground
  • Fight for $15
  • sHELLNO
  • Pembina Institute
  • Global Justice Now
  • Grassroots Leadership
  • La Via Campesina
  • New York Civil Liberties Union
  • Privacy International
  • National Iranian American Council (NIAC)
  • Restaurant Opportunities Centers United
  • U.S. Right to Know
  • Share the World's Resources
  • National Latina Institute for Reproductive Health
  • Don't Shoot Coalition
  • Fight for the Future
  • Environmental Action
  • Oceana
  • UltraViolet
  • Huu-ay-aht First Nations
  • Latino Advocacy
  • Western Environmental Law Center
  • Rolling Jubilee
  • Coalition for Peace Action
  • Rodale Institute
  • Food Research and Action Center
  • Reject and Protect
  • The Upstate Coalition to Ground the Drones and End the Wars
  • Center for Reproductive Rights
  • People's Action
  • Iraq Veterans Against the War
  • Jewish Voice for Peace
  • US Robin Hood Tax Campaign
  • Chesapeake Climate Action Network
  • Council of Canadians
  • Haiti: Make Births Safe
  • Center for Corporate Policy
  • Our Children's Trust
  • The Partnership for Civil Justice Fund
    commondreams-mobile-logo
    globe-icon
    LATEST NEWSOPINIONCLIMATEECONOMY POLITICS RIGHTS & JUSTICEWAR & PEACE
    LATEST NEWS
    OPINION
    globe-iconlogo-icon
    commondreams-logo
    commondreams-tagline

    independent state legislature theory

    Donald Trump speaks at an event

    SCOTUS Already Scrapped One of Trump's Defenses to Election Interference Charges

    The independent state legislature theory is already spent. It is no defense for the grave misconduct that we witnessed in 2020.

    Eliza Sweren-Becker
    Thomas Wolf
    Aug 10, 2023

    Soon after news broke that Donald Trump had been indicted for trying to overturn the 2020 presidential election, his defenders took to the airwaves to offer legalistic excuses for his actions. Among the defenses they’ve floated is the idea that state legislatures have the authority to reject the will of voters. But this defense is nonsense, as the Supreme Court just underscored in June.

    Trump is charged with perpetrating a conspiracy made up of many interconnected schemes, all aimed at overturning the legitimate results of the election. One of those schemes involved trying to convince state legislatures to nullify popular votes that Trump lost and instead to submit to Congress their own slates of electors claiming (falsely) that Trump had won.

    Keep ReadingShow Less
    Opinion
    donald trump
    Protesters attend a rally for fair voting maps

    Celebrating the Death of the 'Independent State Legislative Theory'

    The U.S. Supreme Court should never have heard the case Moore vs. Harper, but there is now a more or less perfect record that no court has ever upheld this fringe theory.

    Michael Waldman
    Jun 28, 2023

    Sanity prevailed at the U.S. Supreme Court yesterday. In Moore v. Harper, six justices issued a near total rejection of the “independent state legislature theory” — a bogus and ahistorical reading of the Constitution that would have stripped important checks and balances out of federal election administration and opened the door wide to extreme partisan gerrymandering and voter suppression.

    The story of this case begins in North Carolina, an evenly divided state politically. During the 2020 redistricting cycle, the state legislature drew a ludicrously gerrymandered congressional map that would have produced 10 Republican and 4 Democratic House members. The state supreme court ruled that the map violated the free elections clause of the state constitution and ordered the legislature back to the drawing board.

    Keep ReadingShow Less
    Opinion
    voting rights
    Demonstrators protest during a "No Lawless Lawmakers" rally at the U.S. Supreme Court during oral arguments in Moore v. Harper on December 7, 2022 in Washington, D.C.

    In 'Very Big Deal for the Survival of Our Democracy,' SCOTUS Rejects Fringe Legal Theory

    By ruling against the independent state legislature theory, said one activist, "the U.S. Supreme Court made clear that state courts and state constitutions should serve as a critical check against abuses of power by legislators."

    Jessica Corbett
    Jun 27, 2023

    Democracy defenders across the United States on Tuesday breathed a collective sigh of relief after half of the U.S. Supreme Court's right-wing supermajority joined with the three liberal justices to reject a "dangerous" legal theory that could dramatically impact federal elections.

    "The Supreme Court took an important and crucial step today in protecting our system of checks and balances," said Hilary Harris Klein, senior counsel for voting rights at Southern Coalition for Social Justice. "Today's decision will ensure that voters will continue to have the full protection of state constitutions against harmful and anti-democratic voter suppression and election manipulation."

    Keep ReadingShow Less
    News
    democracy

    SUBSCRIBE TO OUR FREE NEWSLETTER

    Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.

    subscribe
    below
    * indicates required
    True
    True
    Follow Us
    Most Popular

    'All Are Now Vulnerable': Legal Scholars Alarmed as DOJ Begins Push to Denaturalize Citizens

    'Heinrich Should Be Ashamed': Lone Senate Dem Helps GOP Deliver Big Pharma Win

    NYT Runs Hit Piece on Mamdani Based on Tip From Proponent of 'Race Science'

    Outrage Pours in After House GOP Approves 'One of the Most Catastrophic Bills Passed in Modern History'

    Trump-GOP Budget Bill Will Give Top 1% Over $1 Trillion in Tax Breaks: Analysis

    'Evil and Cruel': GOP Lawmaker Shamed for Unloading Medicaid-Related Stock Before Voting to Gut Program

    Big Brother Trump Is Watching You

    Trump Asylum Crackdown Dealt Major Blow in 'Hugely Important' Court Ruling

    Critics Shred JD Vance as He Shrugs Off Millions of Americans Losing Medicaid as 'Minutiae'

    The Republican Nursing Home Apocalypse

    We cover the issues the corporate media never will.
    Please support our journalism.