The independent state legislature doctrine scares me to death. In a just world, republican adherents would understand that when in charge, the Democrats could hurt them in retribution if this doctrine were enacted. But I guess the Republicans are more likely thinking, if we get this ruling there never will be another democratic majority!
Enjoy your spring break! Be sure to knit some chicken sweaters on your flight!
As much I would love for you to enjoy a complete break from the chaos back “home,” I secretly do hope you will have to take a break to comment on indictments. Sorry. Not sorry.
Wishing you and your husband a fabulous trip and safe travel. Appreciate you taking the time to write during your trip! Pastry looks delish! And, of course, the photo of you and the goofy guy is adorable!
I'm tempted to think that the picture you included is of you adjacent to the North Carolina Supreme Court Chief Justice. How can they be so bald-faced duplicitous in their conduct? Did they not swear to some standard of conduct upon being seated on the court? Do they think the entire public is a bunch of rubes? Can they not see the implications of their actions? They are potentially rescinding their own judgement, rendered not 100 years, but less than 12 months before, as if the whole prior court was filled with a bunch of political hacks? It seems they lack respect for their own institution, or are inflicted with a kind of hubris that calls into question ANY work done by the court prior to their own arrival. It's time to insist that appointees to all courts, regardless of the level, forswear any affiliation to political party. It's no longer enough to expect that their sworn promise to uphold the law and the constitution of the government they represent will secure their impartiality.
Things do have to change. Legislation needs to address these issues and many others. And I know I know but how? I’m hoping the House majority will no longer hold court over us. We need to get McCarthy and DeSantis out of there for starters. Maybe not a pip dream after all.
Nathan, While the state court’s actions are beyond reproach, I understand, however it rules, because this is a state matter, its findings are not above the U.S. Constitution’s guarantees of equal protection and due process nor are they exempt from regulations of Congress. My point is that it will never be the case where no one can check them.
A slow moving coup. Completed so slowly the population at large is oblivious (until it’s too late). Take over the courts. Take over voting. Take over Congress. Take over/ control the Media. It’s happening now. Whether it will reach it’s end goal of the USA becoming a “Christian Democracy” / “illiberal democracy” like that in Hungary under Orban remains to be seen. Considering the QOP held CPAC in Hungary a year or two back, and had Orban as one of the main speakers at this years CPAC, it’s clear this is what they want to achieve.
George, I don’t doubt that we’re conceivably witnessing a fatal weakening of American civic institutions and possibly a presidency, as early as 24, eager and able to consolidate power, wherein the rule of law could be subjugated to an individual. Nonetheless, we still have a window, however small, to protect the key mechanisms of American democracy alongside tens of millions of Americans training themselves and acquiring the knowledge and strength to participate in making democracy real here at home. Not democracy top down. But democracy from the inside, bottom up, from citizens. That might sound foolish and utopian and silly. Nonetheless, I have come to trust the value of persistence in the face of difficulty.
Thank you again for your explanations on the current cases. I will admit had to read it twice before everything sunk in.at 75 my brain is really getting filled up so sometimes need two reads. My take is GOP will do anything to see a democrat is never president again. Making it harder to vote, if able to vote designed to make it so votes do not carry all that much weight.
This is a very complicated and confusing situation with the federal and state cases intersecting. I'd say you're doing great if it only took two reads!
Hence, active participation in politics in our own states is crucial. One or five states may go rogue,but the national legal fabric can't be allowed to unravel too far.
It has already gone too far, and we need to fight like mad to preserve the rule of law in our country. I only hope it doesn't come to actual large scale violence. (which if it does, I will bear arms to defend it) In the meantime, I am very active spreading the word to anyone I can what is on the line, no matter their ideological or political beliefs. People need to beware of the dangers of screwing around with the courts and watering down the rule of law. If they are skeptical, I point out the failing Supreme Court, and Roe v. Wade, and ask them whose rights are on the chopping block next.
Considering I just subscribed to Vance’s Substack earlier this evening, despite Vance being on holiday, I wish my first comment to focus on content. That said, correct me if I’m missing something, but while the ISL asserts that within the states themselves the legislatures are superior to state courts and the will of the people—indeed shocking and wrong—it does not assert that the legislatures are above the U.S. Constitution’s guarantees of equal protection, due process, and regulation of Congress in the time, place, and manner clause. Accordingly, it is my understanding that it will never be the case that legislatures have superpowers where no one can check them.
This is correct. Unfortunately SCOTUS has imposed limits on Voting Rights Act enforcement very limited. So for this purpose, the ISL theory could become the last word.
Professor Vance, I would note my reply to Sharyn, who is part of this thread, includes two caveats. In one of the two, rather than invoking the nearly gutted Voting Rights Act, I chose, instead, to focus on the failed effort in January, 22 to enact federal voter protection safeguards. Additionally, I expect my other caveat could be equally consequential in determining whether “the ISL theory could become the last word.”
Were anyone to read my reply to Sharyn, I would welcome your thoughts.
Sharyn, While I am not an attorney, the one assurance I can offer is that I have been following virtually every development relative to the ISL Theory since last July. That said, I would be remiss were I not to offer two caveats:
1) Whereas legislatures are not above the U.S. Constitution’s guarantees of equal protection and due process, I do worry about a High Court that would ignore 50 years of settled precedent in Roe, and would overturn a fundamental right relied upon by tens of millions every year. Clearly, a court willing to do that with a protection, over and over again reaffirmed, would do it to another fundamental protection.
2) As for legislatures being subject to regulations of Congress, while, admittedly, state legislatures are not exempt from federal regulations, as we saw in January, 22 with the Freedom to Vote: John R. Lewis Act, enforcing federal regulations requires either reaching the Senate’s 60-vote threshold or modifying the Senate’s filibuster rule to allow for debate and an up or down majority vote.
I hope you and your husband have a wonderful time away..
I have been thinking about your signature block at the end of each of your offerings of late..We are a divided society and country..The vastness of the chasm is immense. The beliefs of so many are incongruous to the verbiage of our Constitution..States are passing laws that are incongruous with our Constitution. The “we” that are in this together, face a sizable number who are not, they are against us..they’re in the state courts, they hold the majority in the Supreme Court. They hold the majority in the House..They have abandoned the Constitution, the rule of law to be the only thing that matters governing them and replaced it with partisan politics..and personal ideology..Thinly vailed you called it..They don’t believe in truth and precedent..They are not listening to what we’re saying..they don’t believe it nor do they care to consider it..They want what they want and they don’t care how they get it..Our strategy must evolve to meet this challenge or we will have failed this country..
Time is a commodity in short supply, conversely, what we have an abundance of is hate, racism, antisemitism, stupidity, greed and opportunism of those in positions of power to continue to exploit all of the above by fueling grievance, pointing a finger at “the other” as a place to place blame..MTG, Lauren Boebert were sent back to Congress and George Santos is still not in a jail cell..While Ron DeSantis turns Florida into a Fascist state within our Democracy.
These people must be stopped and dealt with swiftly, truth & fact must be locked in and spread far and wide..as the song says…”Time keeps on slipping, slipping, slipping into the future..”
May your batteries be recharged and your soul be rekindled. Your chickens will appreciate the relaxed Karma when you come home! Hope you get to take a break for an indictment breaking news coverage moment. It would make my vacation if I were on one. And not because I live to see someone suffer for their actions. But because our country needs justice and clarity restored with regards to these ubiquitous legal issues. Thank you.
The independent state legislature doctrine scares me to death. In a just world, republican adherents would understand that when in charge, the Democrats could hurt them in retribution if this doctrine were enacted. But I guess the Republicans are more likely thinking, if we get this ruling there never will be another democratic majority!
Enjoy your spring break! Be sure to knit some chicken sweaters on your flight!
I would think a democratic majority would increase somehow despite the mishandling of our laws.
What does this mean? Does Joyce knit sweaters *for* the chickens (that I'd like to see) or are chicken feathers worked into the stitches?
Sweaters for chickens to wear. Bad joke. I’m sure Joyce has better things to knit!
As much I would love for you to enjoy a complete break from the chaos back “home,” I secretly do hope you will have to take a break to comment on indictments. Sorry. Not sorry.
Not to worry. We get to do some travel by train so that's my catch up time.
Wishing you and your husband a fabulous trip and safe travel. Appreciate you taking the time to write during your trip! Pastry looks delish! And, of course, the photo of you and the goofy guy is adorable!
I'm tempted to think that the picture you included is of you adjacent to the North Carolina Supreme Court Chief Justice. How can they be so bald-faced duplicitous in their conduct? Did they not swear to some standard of conduct upon being seated on the court? Do they think the entire public is a bunch of rubes? Can they not see the implications of their actions? They are potentially rescinding their own judgement, rendered not 100 years, but less than 12 months before, as if the whole prior court was filled with a bunch of political hacks? It seems they lack respect for their own institution, or are inflicted with a kind of hubris that calls into question ANY work done by the court prior to their own arrival. It's time to insist that appointees to all courts, regardless of the level, forswear any affiliation to political party. It's no longer enough to expect that their sworn promise to uphold the law and the constitution of the government they represent will secure their impartiality.
Things do have to change. Legislation needs to address these issues and many others. And I know I know but how? I’m hoping the House majority will no longer hold court over us. We need to get McCarthy and DeSantis out of there for starters. Maybe not a pip dream after all.
Nathan, While the state court’s actions are beyond reproach, I understand, however it rules, because this is a state matter, its findings are not above the U.S. Constitution’s guarantees of equal protection and due process nor are they exempt from regulations of Congress. My point is that it will never be the case where no one can check them.
A slow moving coup. Completed so slowly the population at large is oblivious (until it’s too late). Take over the courts. Take over voting. Take over Congress. Take over/ control the Media. It’s happening now. Whether it will reach it’s end goal of the USA becoming a “Christian Democracy” / “illiberal democracy” like that in Hungary under Orban remains to be seen. Considering the QOP held CPAC in Hungary a year or two back, and had Orban as one of the main speakers at this years CPAC, it’s clear this is what they want to achieve.
George, I don’t doubt that we’re conceivably witnessing a fatal weakening of American civic institutions and possibly a presidency, as early as 24, eager and able to consolidate power, wherein the rule of law could be subjugated to an individual. Nonetheless, we still have a window, however small, to protect the key mechanisms of American democracy alongside tens of millions of Americans training themselves and acquiring the knowledge and strength to participate in making democracy real here at home. Not democracy top down. But democracy from the inside, bottom up, from citizens. That might sound foolish and utopian and silly. Nonetheless, I have come to trust the value of persistence in the face of difficulty.
Thank you again for your explanations on the current cases. I will admit had to read it twice before everything sunk in.at 75 my brain is really getting filled up so sometimes need two reads. My take is GOP will do anything to see a democrat is never president again. Making it harder to vote, if able to vote designed to make it so votes do not carry all that much weight.
Have a nice vacation.
This is a very complicated and confusing situation with the federal and state cases intersecting. I'd say you're doing great if it only took two reads!
They’re going for autocratic rule clearly. We’ve got to be smarter and tougher in finding ways to undo their transgressions.
Hence, active participation in politics in our own states is crucial. One or five states may go rogue,but the national legal fabric can't be allowed to unravel too far.
It has already gone too far, and we need to fight like mad to preserve the rule of law in our country. I only hope it doesn't come to actual large scale violence. (which if it does, I will bear arms to defend it) In the meantime, I am very active spreading the word to anyone I can what is on the line, no matter their ideological or political beliefs. People need to beware of the dangers of screwing around with the courts and watering down the rule of law. If they are skeptical, I point out the failing Supreme Court, and Roe v. Wade, and ask them whose rights are on the chopping block next.
Coffee break? Clearly I've been doing it wrong.
Considering I just subscribed to Vance’s Substack earlier this evening, despite Vance being on holiday, I wish my first comment to focus on content. That said, correct me if I’m missing something, but while the ISL asserts that within the states themselves the legislatures are superior to state courts and the will of the people—indeed shocking and wrong—it does not assert that the legislatures are above the U.S. Constitution’s guarantees of equal protection, due process, and regulation of Congress in the time, place, and manner clause. Accordingly, it is my understanding that it will never be the case that legislatures have superpowers where no one can check them.
This is correct. Unfortunately SCOTUS has imposed limits on Voting Rights Act enforcement very limited. So for this purpose, the ISL theory could become the last word.
Professor Vance, I would note my reply to Sharyn, who is part of this thread, includes two caveats. In one of the two, rather than invoking the nearly gutted Voting Rights Act, I chose, instead, to focus on the failed effort in January, 22 to enact federal voter protection safeguards. Additionally, I expect my other caveat could be equally consequential in determining whether “the ISL theory could become the last word.”
Were anyone to read my reply to Sharyn, I would welcome your thoughts.
Sharyn, While I am not an attorney, the one assurance I can offer is that I have been following virtually every development relative to the ISL Theory since last July. That said, I would be remiss were I not to offer two caveats:
1) Whereas legislatures are not above the U.S. Constitution’s guarantees of equal protection and due process, I do worry about a High Court that would ignore 50 years of settled precedent in Roe, and would overturn a fundamental right relied upon by tens of millions every year. Clearly, a court willing to do that with a protection, over and over again reaffirmed, would do it to another fundamental protection.
2) As for legislatures being subject to regulations of Congress, while, admittedly, state legislatures are not exempt from federal regulations, as we saw in January, 22 with the Freedom to Vote: John R. Lewis Act, enforcing federal regulations requires either reaching the Senate’s 60-vote threshold or modifying the Senate’s filibuster rule to allow for debate and an up or down majority vote.
Looks to me that the Kidz actually did the right thing forgetting some eggs..
I hope you and your husband have a wonderful time away..
I have been thinking about your signature block at the end of each of your offerings of late..We are a divided society and country..The vastness of the chasm is immense. The beliefs of so many are incongruous to the verbiage of our Constitution..States are passing laws that are incongruous with our Constitution. The “we” that are in this together, face a sizable number who are not, they are against us..they’re in the state courts, they hold the majority in the Supreme Court. They hold the majority in the House..They have abandoned the Constitution, the rule of law to be the only thing that matters governing them and replaced it with partisan politics..and personal ideology..Thinly vailed you called it..They don’t believe in truth and precedent..They are not listening to what we’re saying..they don’t believe it nor do they care to consider it..They want what they want and they don’t care how they get it..Our strategy must evolve to meet this challenge or we will have failed this country..
I hope we can find ways to make that "we" include more and more people over time. Americans can evolve.
Time is a commodity in short supply, conversely, what we have an abundance of is hate, racism, antisemitism, stupidity, greed and opportunism of those in positions of power to continue to exploit all of the above by fueling grievance, pointing a finger at “the other” as a place to place blame..MTG, Lauren Boebert were sent back to Congress and George Santos is still not in a jail cell..While Ron DeSantis turns Florida into a Fascist state within our Democracy.
These people must be stopped and dealt with swiftly, truth & fact must be locked in and spread far and wide..as the song says…”Time keeps on slipping, slipping, slipping into the future..”
Lots of good yarn in Sweden, Have fun, get rested, the chickens will be ok!
One of your most powerful statements. I look forward to the discussion of the issue on Sisters-In-Law.
So, where are you in Sweden? In case you come to Malmo I would love to see you there.
We are not making it to Malmo this trip, but it's our first exploration. I hope we'll come back!
Always welcome
Isn’it nature a wonder? I love your goofy guy!
Your words regarding the “rehearing“ in the NC Supreme Court are somewhat comforting. Am I being too much of an optimist? I hope not.
That dessert looks absolutely outrageous and yummy! Have a great vacation!
May your batteries be recharged and your soul be rekindled. Your chickens will appreciate the relaxed Karma when you come home! Hope you get to take a break for an indictment breaking news coverage moment. It would make my vacation if I were on one. And not because I live to see someone suffer for their actions. But because our country needs justice and clarity restored with regards to these ubiquitous legal issues. Thank you.
Enjoy your well deserved, long awaited adventure. Thank you for all that you do for us😊❤️
Have a very wonderful and well-deserved trip!