alt Hacker NewsWhy do the courts even entertain this administration's requests when Trump has made it clear he wants to unconstitutionally take some form of control over state elections because he doesn't want Democrats to retake control of Congress?
The only conclusion seems to be that conservative majorities on SCOTUS and the Eighth Circuit want this to happen as part of their unitary executive theory.
An even more cynical conclusion is that they want the next two elections to be tampered with in favor of the Republican Party, so they remainin in control of the Federal government.
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Do you mean that foreign nationals voting in American elections is what Democrats need to retake control of Congress?
Which is the unconstitutional part?
The Supreme Court ruled that it is 100% constitutional for states to disenfranchise voters based on party affiliation. I am not constitutional expert so I'll take them at their word that this is indeed the case.
So you'd expect that there would be a bipartisan movement to fix this by making a constitutional amendment to establish it as a right. We're a democracy after all. Despite the cries that "both sides do it" one side would fight tooth and nail to block any such effort, and I'm disappointed that the other side has given up and isn't willing to fight tooth and nail to promote the issue.
Yes, it is a tricky issue to make rules that guarantee fairness in elections and there are people who spend their lives figuring out ways to undermine democracy. But certainly we can put in some legal boundaries that make things limit the worse abuses.
I know people are generally really cynical of SCOTUS these days (with some warrant), but SCOTUS is at least supposed to be neutral towards the other branches. Their job is to interpret the law, not pick and choose favorites.
In this case, I think they are not completely unreasonable. This specific move is one of the things the executive branch has been allowed to do, by previous legislators who gave it this power.