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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Find all of our reports at AmericanDemocracyMinute.org

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#News #Democracy  #DemocracyNews #ProtectElections #ProtectPollWorkers

The post Michigan GOP’s ‘Independent State Legislature Theory’ Case Rebuffed by U.S. Supreme Court appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Jan. 3, 2025

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

In November 2022, Michigan voters passed a constitutional amendment enshrining voting protections and expanding ballot access. After the legislature implemented the voters’ directive, GOP legislators sued, claiming that only the legislature could make such changes. 

Proposition 2 mandated nine days of early voting, postage for mail-in ballots, a permanent absentee voter list, protections for both voters and election workers from harassment, and a tracking system for absentee ballots.   It allowed for the funding of secure drop boxes, the counting of military and overseas ballots if postmarked by election day, and several other reforms.

Conjuring the “independent state legislature theory,” which argues that the U.S. Constitution allows only legislatures to control election law, 11 Michigan GOP legislators sued. 

On December 20th the federal Sixth Circuit Court of Appeals affirmed the lower court’s denial of the Michigan legislators’ claim.  But importantly, it did so saying that while the individual legislators had no standing to bring the case, a full legislature could, leaving the door open a crack.     The U.S. Supreme Court mostly, dismissed the theory in 2023’s Moore v. Harper case, but Justices Thomas, Gorsuch and Alito were all-in on the theory.

For the moment, the pro-voter reforms in Michigan are safe, but be watching for the independent state legislature theory to pop up again soon.  

We have the decision, and more on the ISL theory at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

American Democracy Minute – Michigan a Democracy Bright Spot as it Implements Proposition 2 Constitutional Amendment Protecting and Expanding Voting Rights
American Democracy Minute – Michigan Case Which Used the ‘Independent State Legislature Theory’ to Challenge Voting Rights Ballot Questions is Thrown Out
U.S. Sixth Circuit Court of Appeals – Decision in the Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
SCOTUS Blog – (2023) Supreme Court rules against North Carolina Republicans over election law theory
American Democracy Minute – Moore v. Harper Hangover:  SCOTUS Decision OKs Court Review, but Also Cracks the Door for a Weaker Version of the Independent State Legislature Theory

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

Please follow us on Facebook and Bluesky Social, and SHARE! 

Find all of our reports at AmericanDemocracyMinute.org

Want ADM sent to your email?  Sign up here!

Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #ISLTheory #MoorevHarper #Michigan #VotingRights #DemocracyReform

The post Federal Court of Appeals Throws Out GOP Legislator Challenge to Michigan’s Prop 2 Pro-Voter Reforms.  But Sleep with the Light On. appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Dec. 27, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

A 2023 decision in an Arkansas redistricting case found individual voters did not have a “private right of action” to challenge the maps. The State of Louisiana tried the same tactic in its chaotic gerrymandering case, but was refused on June 24th. Be looking for another challenge in 2025.   

Defying precedent, the 8th Circuit Court of Appeals held in a 2023 Arkansas racial gerrymandering case that individual voters do not have a “private right of action” under the VRA Section 2.  It said only the U.S. Justice Department could bring such cases, despite individuals having filed  90% of previous challenges.  Calling it “radical,” scholars expected it to be quickly overturned, but this January, the full 8th Circuit refused to rehear the case. 

Seeing an opening, Louisiana asked the full 5th Circuit to rehear its gerrymandering case on the same grounds, with 13 other Republican attorneys general urging a “no private right of action” decision.  In a close vote Monday, the 5th Circuit refused that rehearing.  

For now, the 8th Circuit decision still only affects Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. But it’s clear that private right of action is the new battleground for voting rights challenges, and will almost certainly reach the U.S. Supreme Court.

We’ve  linked to explainers on the private right of action at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Brennan Center for Justice – The Newest Attack on the Voting Rights Act
Law360 – 8th Circ. Redistricting Ruling Imperils The Voting Rights Act
Congressional Research Service – Recent Developments in the Rights of Private
Individuals to Enforce Section 2 of the Voting
Rights Act
American Democracy Minute – Ripple Effects After Radical Federal 8th Circuit Court of Appeals Ruling Restricting Who Can Bring Voting Rights Act Suits; Red State AGs Pile On
American Democracy Minute – Federal Appeals Court Denies Rehearing of Radical Arkansas Voting Rights Act Ruling Shutting Out Voters & Democracy Groups from Bringing Cases
Democracy Docket – 5th Circuit Denies Louisiana Hearing on Whether Voters Can Sue State Under Section 2

Groups Taking Action:
NAACP Legal Defense Fund, ACLU Louisiana,  Power Coalition for Equity and Justice,  Arkansas Public Policy Panel

Please follow us on Facebook and Bluesky Social, and SHARE! 

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #PrivateRightofAction #RacialGerrymandering #LouisianaNews #VRA #VotingRightsAct 

The post Look for 2025 Conservative Challenges to a ‘Private Right of Action’ for Voting Rights Cases, Attempting to Dismantle the Voting Rights Act appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Oct. 30, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

We have important updates for three consequential voting rights cases we’ve been following in Pennsylvania, Nevada and Georgia, just a week before the November 2024 election. 

October 28th, the Republican National Committee appealed a Pennsylvania Supreme Court decision allowing voters whose mail ballot secrecy envelopes were missing or unsealed, to vote by provisional ballot instead. The RNC asked the U.S. Supreme Court for an emergency ruling, claiming Pennsylvania’s high court overstepped the legislature’s authority over election law.  The U.S. Supreme Court has not yet responded.

The Nevada Independent reports that Oct. 28th, the state supreme court upheld a ruling that mail-in ballots without postmarks received within three days after election day must be counted.   Republicans appealed the decision, arguing the lower court misread the law.  The majority said the appeal was too close to the election, and wrote:  “If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote.”  

The Georgia Supreme Court October 22nd denied a Republican appeal to restore a Georgia state election board rule allowing county election board members to make a “reasonable inquiry” and obstruct certifying the election. The rule will NOT be in effect November 5th.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:

Pennsylvania Spotlight/AP – Republicans ask U.S. Supreme Court to block counting of some provisional ballots in Pa.
U.S. Supreme Court – Republican National Committee, et al., Applicants v. Faith Genser, et al.

ScotusBlog – Republicans ask Supreme Court to block decision to count Pennsylvania provisional ballots
Nevada Independent – Nevada Supreme Court rules non-postmarked ballots can be counted within 3 days of election
Georgia Recorder – Georgia Supreme Court delays ruling on controversial election board rules until after Nov. 5

Groups Taking Action:

ACLU PA,  PA Conference of the NAACP, Fair Fight Action, ACLU GA,  Common Cause GA, Nevada Alliance for Retired Americans

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

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Find all of our reports at AmericanDemocracyMinute.org

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#Democracy  #DemocracyNews #VotingRights #MailInBallots #Pennsylvania #Georgia #Nevada

The post Updates on Important Pennsylvania, Nevada and Georgia Voting Rights Decisions and Appeals Just Days Before the Election appeared first on American Democracy Minute.

The American Democracy Minute Radio Report & Podcast for Aug. 29, 2024

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Special Counsel Jack Smith submitted a revised criminal conspiracy indictment of former President Donald Trump Aug. 27th, adjusted to remove actions deemed “official acts” by the U.S. Supreme Court’s conservative majority. 

Like the original indictment, Trump is charged with four felony counts in the U.S. District Court in DC:   Conspiracy to Defraud the United States; Conspiracy to Obstruct an Official Proceeding; Obstruction of and an Attempt to Obstruct an Official Proceeding; and Conspiracy Against Rights.  Removed in this version are charges related to Trump’s alleged manipulation of the U.S. Justice Department, to pressure state officials to change the outcome of the election, which the justices explicitly said was an “official” act.

Alleged “unofficial acts”, however, are still included, including: Knowingly deceiving the American public about the outcome of the election; attempting to pressure Georgia officials to “find” 11,780 votes; knowledge and support of the fake elector scheme; the attempt to pressure Vice President Mike Pence in his Constitutional but ceremonial role presiding over the certification; his speech at a privately-funded rally prior to the Capitol violence on January 6th; and attempting to “injure, oppress, threaten and intimidate” citizens’ rights under the U.S. Constitution.

No new trial date has been set, but it’s no longer feasible to try the former President prior to the election.   We have a link to the new indictment at AmericanDemocracyMinute.org.   I’m Brian Beihl.

Today’s Links

Articles & Resources:
U.S. Supreme Court – Presidential Powers – Presidential Immunity Opinion

U.S. District Court for the District of Columbia – Revised Indictment in United States v. Donald J. Trump
SCOTUS Blog – Special Counsel Jack Smith revises indictment against Trump

The Hill – Smith files new indictment in Trump Jan. 6 case, adjusting for immunity decision

Groups Taking Action:

Citizens for Responsibility and Ethics in Washington (CREW), Campaign Legal Center, States United Democracy Center

Check Your Voter Registration:

• U.S. Election Assistance Commission – Register And Vote in Your State
• USA Vote Foundation – Registration, Eligibility, State Election Office Links
• Vote.Gov – Register to Vote in Your State
• Vote.Org – Check Your Registration to Vote
  
  

Please follow us on Facebook and Twitter and SHARE!  

Find all of our reports at AmericanDemocracyMinute.org

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Are you a radio station?  Find our broadcast files at Pacifica Radio Network’s Audioport and PRX

#Democracy  #DemocracyNews #TrumpCriminalTrials #ElectionInterference #JackSmith

The post Special Counsel Submits Revised Criminal Conspiracy Indictment of Trump After SCOTUS Immunity Ruling on Presidential Powers appeared first on American Democracy Minute.