Commentary: Moore v. Harper Terrifies Democrats for Good Reason

The U.S. Supreme Court finally heard oral arguments in Moore v. Harper last week. The case involves a mundane constitutional issue concerning the definition of “legislature” as used in the elections clause. Yet it has produced panic among Democrats and a torrent of portentous predictions about the death of democracy from various leftist law professors. In the Washington Post, for example, Harvard University’s Noah Feldman expressed alarm that the court took up the “insane” case at all.

Is Moore v. Harper really insane? Of course not. The case arose early this year when the North Carolina Supreme Court struck down a redistricting map produced by the state Legislature, then replaced it with a redistricting scheme of its own. The North Carolina General Assembly petitioned SCOTUS for relief on the grounds that this action violated Article I, Section 4 of the U.S. Constitution.

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Commentary: America’s Electoral System Is Suffering from a Credibility Crisis

Defying all predictions of a photo finish senate race, Pennsylvania Democrat John Fetterman won 50.3% of the vote to Republican Dr. Mehmet Oz’s 47.3%. The unexpectedly large margin helped avoid a midterm meltdown. But don’t be deceived; that margin masks major electoral system dysfunction that remains unaddressed.

If the margins had been narrower, things might have looked very different. Democratic Gov. Tom Wolf last year vetoed a commonsense measure that would have modernized Pennsylvania’s Depression-era voting laws. As a result, the Commonwealth is saddled with a ponderous mail voting system bolted onto a rickety election code that forbids routine practices like voter ID and pre-processing mail ballots. Those policies secure elections and speed tabulations, but were vetoed by Wolf last year.

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