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@judgeluttig

Apr 28

Today, the North Carolina Supreme Court overruled its earlier decision in Moore v. Harper that the state’s constitution forbids excessive partisan gerrymandering. Moore v. Harper, pending in the Supreme Court of the United States, remains ripe for decision by the Supreme Court.

The North Carolina Supreme Court did not disturb its holding in Moore v. Harper with respect to the “independent state legislature” theory.

The court reaffirmed that the state legislature exercises its redistricting authority “subject to the express limitations in [the North Carolina] constitution." To hold otherwise, said the court,

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@judgeluttig

Apr 24

The Divided Community Project of The Ohio State University Moritz College of Law, and Mershon Center for International Security Studies recently published "Speaking Out to Strengthen the Guardrails of Democracy."

"Speaking Out to Strengthen the Guardrails of Democracy" is a "how to" guide for shoring up and reinforcing the bulwark of America's faltering democracy.

All of us concerned about American democracy should commit this practical guide to memory and "speak out" in support and defense of our democracy in the weeks and months ahead. This is terrific, moritzlaw.osu.edu. Thank you!

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@judgeluttig

Apr 22

Forced to think about this for the first time today, time will tell whether Mr. Musk, in his calculation to require payment for the privilege of posting content on Twitter, underestimated the utter indispensability to the Twitter platform of the verified accounts

of the "notable" individuals, media, journalists, reporters, organizations, institutions, celebrities, and other meaningful content providers, on the one hand,

and overestimated the willingness of these critical account holders to Twitter's success to pay the hefty fees they now must pay, on the other.

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@judgeluttig

Apr 22

@LineintheStreet

This video clip by @LineintheStreet is a perfect visual explanation of the otherwise impenetrable issue before the Supreme Court in Moore v. Harper and its fundamental importance to America's democracy.

The U.S. Constitution assumes and contemplates that state legislatures will engage in partisan gerrymandering whenever possible.

The Supreme Court has held that such partisan gerrymandering by state legislatures is of no concern under the U.S. Constitution, except in the limited circumstances where such gerrymandering violates the U.S. Constitution.

Read 7 tweets

@judgeluttig

Mar 27

The U.S. Semiquincentennial Commission to plan the commemoration and celebration of the 250th anniversary of our country’s founding in 2026 apparently epitomizes all that our Founders feared about government.

The President and Congress need to get control over this important Commission today. With our Semiquincentennial only three years hence, it's already too late. The Commission has squandered six years and millions of taxpayer dollars with little, if anything, to show for it

and six years later and three years before the commemoration and celebration, the Commission is mired in controversy and paralyzed.

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@judgeluttig

Mar 20

The Solicitor General has filed the views of the United States in Moore v. Harper (Harper I) on the question whether there is a “final judgment” before the Supreme Court, in light of the NC SC’s grant of rehearing in Harper II.

I don’t recall a brief by the Solicitor General so ill-reasoned and confused, so convoluted and obtuse.

All toward the end of telling the Supreme Court that the Solicitor General of the United States “is not aware of any of the Court’s 'final judgment' precedents addressing" what the SG says are the “unusual” circumstances of Moore.

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