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TheBrennanCenter OP t1_iyo4jtx wrote

Reply to comment by TeenieBopper in We're Tom Wolf,Eliza Sweren-Becker, and Ethan Herenstein. We work on democracy reform at the Brennan Center for Justice. Ask us anything about the Supreme Court’s upcoming case Moore v. Harper and the “independent state legislature” theory. by TheBrennanCenter

At the end of the day, even if the justices want to embrace the ISLT, they’re going to have to write an opinion explaining why. Considering that the kind of reasoning they’d use--text, history, tradition, precedent--cuts against the theory, they would have an awfully tough time writing that opinion. (In fact, one of the major pieces of history that the supporters of the ISLT try to invoke–the so-called Pinckney Plan–is fraudulent!) That puts any of the justices interested in the ISLT in a tough spot–-and it makes it more likely that a majority will form to reject the theory. -- Ethan

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TeenieBopper t1_iyo9gyv wrote

> That puts any of the justices interested in the ISLT in a tough spot

Does it though? They have lifetime appointments and impeachment is a political tool, not a legal/ethical one. What's stopping five of the six conservative justices from embracing ISLT and saying "lol, because we feel like it?"

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