Second #ISLTAmici Theme: The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t
There have been nearly 70 amicus briefs filed in the case—roughly two-thirds of them oppose the ISLT.
Joining the folks I noted above is a massive group of historians, law professors, U.S. senators, state AGs, secretaries of state, current and former federal and state executive officials, civil rights organizations, good government groups, and think tanks, among others.
The number of filings on the other side is much smaller, representing state attorneys general, several think tanks and litigation shops, and partisan political organizations.
This is more than a numbers game, though. (Having a lot of filings doesn’t guarantee a win.) The *range* of interests represented on each side is much different in scope, too. The pro-ISLT side represents a very narrow range—the anti-ISLT side is much broader.
And there are some dubious figures in that small pro-ISLT camp—among them, noted election denialist and presidential coup plotter John Eastman, whose brief, among other things, asks the Court to overrule several critical cases.
Senator Sheldon Whitehouse and Rep. Hank Johnson’s brief spells out the problems with the pro-ISLT roster more powerfully and in a greater detail than I could. Their brief: brennancenter.org/sites/default/…
The amicus briefs in the SCOTUS fight vs. the independent state legislature theory—Moore v. Harper—are now all IN. Together, they make a strong cross-partisan case against the ISLT that highlights big problems with Petitioners' presentation. Let's go! 🧵👇 @BrennanCenter
The takeaways:
1. Opposition to the ISLT is bipartisan
2. The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t
3. The weight of authority is anti-ISLT
4. The ISLT threatens major harms, which Petitioners ask the Court to ignore @BrennanCenter #ISLTamici
(“Petitioners” = the gerrymanderers from the North Carolina legislature who are asking SCOTUS to reinstate that state’s heavily gerrymandered congressional map by endorsing the ISLT.)
Fourth #ISLTamici Theme: The ISLT’s potential harms are significant, and the Petitioners are asking the SCOTUS to ignore them
One of the more alarming features of the Petitioners’ brief is that it never explains why, as a practical matter, anyone—the Framers, Americans today, the Supreme Court—should want what the ISLT is offering them.
Their brief amounts to a lot of “pay no attention to the man behind the curtain” hand-waving.
Third #ISLTamici Theme: The weight of authority is anti-ISLT
Let’s use history as an example.
Particularly after the Supreme Court’s rulings last term in Dobbs (on abortion rights) and Bruen (on gun control), history will play an important role in resolving this case.
The pro-ISLT side makes a lot of representations regarding the history. But none of these people are historians. And they rely heavily on a fake document to make their historical case (such as it is).
The amicus briefs in the SCOTUS fight vs. the independent state legislature theory—Moore v. Harper—are now all IN. Together, they make a strong cross-partisan case against the ISLT that highlights big problems with Petitioners' presentation. Let's go! 🧵👇@BrennanCenter
The takeaways:
1. Opposition to the ISLT is bipartisan
2. The anti-ISLT camp is big and diverse, the pro-ISLT camp... isn’t
3. The weight of authority is anti-ISLT
4. The ISLT threatens major harms, which Petitioners ask the Court to ignore @BrennanCenter#ISLTamici
(“Petitioners” = the gerrymanderers from the North Carolina legislature who are asking SCOTUS to reinstate that state’s heavily gerrymandered congressional map by endorsing the ISLT.)
The 1st wave of amicus briefs in SCOTUS’s upcoming “independent state legislature theory” case is incoming—if you read no other brief, read the Conference of Chief Justices'. This is a rare and significant brief that should send a strong caution to the Justices🧵👇 @BrennanCenter
For some background: The Conference of Chief Justices is comprised of the Chief Justices or Chief Judges of the highest courts in all 50 states, D.C., Puerto Rico, the Northern Mariana Islands, the Territories of American Samoa, Guam, and the Virgin Islands.
SCOTUS has just decided to take a case out of NC that several conservative Justices seem to be eyeing to liberate rogue state legislatures to undermine fair elections and fair maps. Unpacking what this decision does —and what it might mean 👇 🧵@BrennanCenter
Brief background on this case: Legislative leaders involved in the extreme gerrymandering of NC’s congressional map were asking SCOTUS to overturn a ruling from the NC Supreme Court that struck that map down as unconstitutional under NC’s state constitution.