Quick Read
Summary
Takeaways
- ❖A Utah court mandated a congressional district where Democrats would win, overturning a Republican-drawn map.
- ❖Utah Republicans responded with three desperate measures: attempting to expand the state Supreme Court, filing a federal lawsuit, and launching a ballot initiative.
- ❖The Republican ballot initiative is reportedly plagued by up to 90% fraudulent signatures.
- ❖The 'independent state legislature theory,' previously thought dead, is being revived by Republicans in federal court, threatening state court oversight of election laws.
- ❖The hosts argue these actions are counterproductive, likely ensuring a Democratic victory in the contested district and reflecting a broader 'Trumpism' of contempt for restraints.
Insights
1Utah Republicans' Desperate Measures
Following a state court ruling mandating a Democratic-leaning congressional district, Utah Republicans are in 'complete panic,' attempting to expand the state Supreme Court, filing a federal lawsuit, and pushing a ballot initiative.
The guest details Republican actions: trying to expand the Utah Supreme Court, filing a new federal lawsuit, and attempting a ballot initiative to repeal the ruling.
2Widespread Signature Fraud in Ballot Initiative
The Republican-backed ballot initiative to repeal the court's redistricting order is mired in fraud, with reports indicating up to 90% of collected signatures are fraudulent, rendering the effort ineffective.
The host states, 'upwards of 90% of the signatures that they're reviewing right now are fraudulent.' The guest confirms the effort is 'mired in a big fraud problem.'
3Resurgence of Independent State Legislature Theory
Republicans are invoking the 'independent state legislature theory' in a federal lawsuit in Utah, a fringe legal doctrine that claims state courts cannot interpret or apply state election laws, including redistricting, thereby eliminating judicial checks on legislative power.
The guest explains Republicans are 'suing in federal court under... the old independent state legislature theory' which 'basically says state courts cannot apply or interpret state election laws, including redistricting laws.'
4Counterproductive Partisan Tactics
The hosts argue that Republican efforts to gerrymander and overturn court decisions, exemplified by the Utah situation, are often backfiring, leading to stronger Democratic positions and highlighting a broader 'Trumpism' characterized by contempt for institutional restraints.
The guest states, 'this is the kind of mess that will not only fail to overturn the results, but... they are virtually guaranteeing now a Democrat holds that seat.' He later adds, 'there is nothing that defines Trumpism more than contempt for any restraints.'
Lessons
- Subscribe to Democracy Docket for ongoing updates on voting and election litigation, as recommended by the guest.
- Stay informed on redistricting news and legal challenges, as these cases are critical to democratic processes.
- Support organizations and voices actively litigating election and redistricting cases on the front lines.
Quotes
"Upwards of 90% of the signatures that they're reviewing right now are fraudulent."
"This is a right-wing fringe theory that basically says state courts cannot apply or interpret state election laws, including redistricting laws."
"There is nothing that defines Trumpism more than contempt for any restraints."
"This is a group that knows they are losing, and that's why they're becoming more dangerous."
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