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SCOTUS is reviewing a case that could totally upend American democracy, here’s what every American needs to know right this instant

A case known as Moore v Harper is catching headlines and attention all over America. The case involves a fringe legal theory known as the independent state legislature theory. The theory in itself is all but a quack legal theory that has never been taken seriously by any form of government before. Republican-led states, however, are attempting to argue it before the Supreme Court — and the consequence of such if they win would be profound for Democracy in America.

According to our research on the theory, It holds that state legislatures were totally unbound by state constitutions and state courts when enacting laws governing federal elections or drawing congressional district maps. This is a dangerous theory to attempt to enact nationwide.

The case originated in North Carolina after the legislature and other branches of government in the state duked it out over congressional maps. Initially, Republicans attempted to draw deeply gerrymandered maps that benefitted the right rather than the left or equally for that matter. The state’s court, however, stepped in at the time demanding that a new map be drawn to benefit everyone rather than a select few. That brought about the fringe theory that is currently being played out over at the Supreme Court as Republicans are attempting to argue that they have the right to draw the maps as they see fit so long as they maintain control and the power to do so in the first place.

It is a theory they hope plays out nationwide amid a host of recent losses by the GOP across the nation including in the Senate. Most recently, the GOP lost in Georgia to Raphael Warnock who defeated Herschel Walker whom himself had been marred in numerous controversies about whether or not he was an honest person. Most are pointing to the opinions of Chief Justice John Roberts; Brett Kavanaugh, and Amy Coney Barrett as the likely deciding factors in how the case goes forward.

A full explainer is available here and why this case is important.

Roberts, though, does appear to be the most sceptical of the theory having posed numerous questions on his own part. All three, however, do seem open to a more middle-ground solution rather than a nuclear one that would dramatically upend Democracy in the country as most people understand it to be. Putting it straightforwardly, the theory is an effort by Republicans to further have the power to gerrymander Congressional maps in their favour.

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