On Wednesday, following oral arguments in the massive Moore v. Harper Supreme Court case that could dramatically change how U.S. elections are conducted, voting rights attorney Marc Elias analyzed a crucial "mistake" made by the Republican-aligned lawyer on his "Democracy Docket" media platform that might cost them the case.
The case, centering on the decision by the North Carolina Supreme Court to strike down a gerrymandered congressional map, seeks to have the Supreme Court adopt "independent state legislature theory" — a radical proposal that state legislatures have unreviewable power to set election law and cannot be overruled by state courts, even when they violate state constitutions. But, wrote Elias, the Republican-aligned counsel went too far, and failed to read the room in the face of skepticism from even conservative justices.
