The American Democracy Minute Radio News Report & Podcast for May 23, 2025
The “Independent State Legislature Theory” met a skeptical U.S. Supreme Court in 2023 in Moore v. Harper, a North Carolina gerrymandering case. The Michigan GOP tried to employ the fringe theory to undo Michigan’s Question 2 citizen initiative, but the U.S. Supreme Court refused the case May 19th.
Proponents argue the Independent State Legislature Theory gives legislatures ultimate power over federal election rules, based on a widely dismissed interpretation of the elections clause of the U.S. Constitution. In North Carolina’s case, the legislature admitted it gerrymandered, but said it had the final say, and the courts and governor had no jurisdiction.
In 2022, Michigan’s “Promote the Vote” Question 2 ballot initiative passed 60% to 40%. It enshrined multiple voting rights in the state constitution, including 9 days of early voting, guaranteeing the right to vote without harassment, offering a permanent vote by mail list, and mandating drop boxes and several other important voting reforms.
Eleven GOP legislators tried to invalidate the ballot question, using the ISL theory. They argued only the state legislature could make election law – not those pesky constituents. The Michigan Supreme Court dismissed the case in April 2024, and on May 19th, the U.S. Supreme Court refused to hear the case.
We have more on ISL and the Michigan case at AmericanDemocracyMinute.org. I’m Brian Beihl.
Some podcasting platforms strip out our links. To read our resources and see the whole script of today’s report, please go to our website at https://AmericanDemocracyMinute.org
Today’s Links
Articles & Resources:
Brennan Center for Justice – Moore v. Harper, Explained
American Democracy Minute – SCOTUS Hears Arguments on Dismissing Moore v. Harper; Democracy Advocates Divided
American Democracy Minute – (2022) Citizen Initiative Protecting Voting Rights Passes in Michigan
Michigan Advance – GOP lawmakers petition U.S. Supreme Court to hear case against Michigan election laws
Campaign Legal Center – (2022) What Voters Need to Know About the Independent State Legislature Theory
Bridge Michigan via Votebeat – US Supreme Court rejects Michigan GOP bid to overturn new voting rules
Groups Taking Action:
Michigan Alliance for Retired Americans, Detroit Downriver A. Phillip Randolph Institute, Detroit Disability Power
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – Register And Vote in Your State
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