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    Protesters Head to Jerusalem as Israel’s Leaders Look to Rein in Judges

    Two contentious bills were scheduled to come up for an initial vote in Israel’s Parliament on Monday, including one that would reduce the power of the Supreme Court.JERUSALEM — Tens of thousands of protesters gathered in Jerusalem for the second straight Monday as Israel’s far-right government pushed forward with a divisive plan for a judicial overhaul that critics say will weaken and politicize the country’s courts and undermine its democratic foundations.Protesters, many of them arriving in convoys from across Israel, blocked highways en route to the city then gathered near the Parliament, where legislators were preparing for the first phase of voting on two bills aimed at curbing judicial oversight and giving politicians more influence over the courts.One bill would change the makeup of a nine-member committee that selects judges to reduce the influence of legal professionals on the body and give representatives and appointees of the government an automatic majority. The change would effectively allow the government of the day to choose judges.The other bill would strip the Supreme Court of its power to strike down basic laws passed by Parliament.Advocates say the changes are needed to curb the influence of an overreaching judiciary that has granted itself increased authority over the years. They also say the measures would shift power away from an unelected bureaucratic elite — the judiciary — in favor of elected officials and governments that reflect the will of the people.Israel’s New Far-Right GovernmentBenjamin Netanyahu has returned to power at the helm of the most right-wing and religiously conservative administration ever in Israeli history.A Hard-Right Agenda: Israel’s new government has moved quickly on several agenda items that would weaken the judiciary, entrench Israeli control of the West Bank and strengthen ultraconservative Jews.Judicial Overhaul: The government is pressing ahead with a far-reaching overhaul of Israel’s judicial system, setting off mass protests by those who say it will destroy the country’s democratic foundations.​​Rising Tensions: The roots of the recent spasm of violence in Israel and the West Bank predate the new government, but the administration’s ministers and goals are fueling tensions.Ultra-Orthodox Parties: To preserve his new government, Mr. Netanyahu has made a string of promises to Israel’s ultra-Orthodox parties. Their push for greater autonomy has potentially broad-ranging implications.Critics say the proposed overhaul would place unchecked power in the hands of the government, remove protections afforded to individuals and minorities and deepen divisions in an already fractured society. They also fear that Prime Minister Benjamin Netanyahu, who is standing trial on corruption charges, could use the changes to extricate himself from his legal troubles.Prime Minister Benjamin Netanyahu, left, in Jerusalem on Sunday. Critics fear Mr. Netanyahu could use the judicial changes to extricate himself from his legal troubles.Pool photo by Abir SultanThe attorney general has barred the prime minister from any involvement in the new legislation because of a conflict of interest. Mr. Netanyahu denies any wrongdoing and says he does not have any personal interest in judicial change.After a first reading, bills must go back to a committee for further discussions, then return to the floor for two more votes before passing into law, a process that can take weeks or months. But a deeply split Israel is already in turmoil over the plan, with opponents alarmed at the speed with which it is moving forward, just weeks after the governing coalition — the most right-wing and religiously conservative in Israeli history — came to power.Mass protests have been taking place on Saturday nights in Tel Aviv for seven consecutive weeks and have spread around the country. Last Monday about 100,000 protesters filled the streets around Parliament and the Supreme Court in Jerusalem, according to estimates in the Israeli news media, though organizers put the number at more than double that.On the morning of the vote, small groups of protesters sat down outside the front doors of some coalition lawmakers’ homes in a bid to block them from leaving for the Parliament. They were removed by the police. The coalition leaders have pushed for a hasty first vote on the bills, defying a plea from Israel’s president, Isaac Herzog, to pause the legislative process and allow room for a national dialogue and compromise. The president, a mostly ceremonial figure, has little executive power, but his voice is meant to be unifying and carries moral authority.The leader of the opposition, Yair Lapid, a centrist, asked for a 60-day hiatus in the legislative process as a condition for any negotiations. The politicians driving the process have expressed some willingness to talk but have so far refused to halt their work even for a day.“We won’t stop the legislation now, but there is more than enough time until the second and third readings to hold an earnest and real dialogue and to reach understandings,” Yariv Levin, the justice minister, told the Yediot Ahronot newspaper on the eve of the initial vote.Last Monday about 100,000 protesters filled the streets around Parliament and the Supreme Court in Jerusalem.Avishag Shaar-Yashuv for The New York TimesBut critics have dismissed the government’s position as disingenuous, arguing that once the bills have passed a first vote, only cosmetic changes will be possible.Many Israelis, including some of those protesting, agree that some kind of judicial change is needed, but opinion polls suggest that a majority want it to be the result of dialogue and do not support the government plan in its current form.The domestic tensions are also causing friction between the Israeli government and its closest ally, the United States. In a rare intervention in Israeli political affairs, President Biden, like Mr. Herzog, has called for efforts to reach a consensus.The American ambassador to Israel, Thomas R. Nides, over the weekend told The Axe Files, a CNN podcast, “We’re telling the prime minister, as I tell my kids, pump the brakes, slow down, try to get a consensus, bring the parties together.”He said he had told Mr. Netanyahu, “We can’t spend time with things we want to work on together if your backyard’s on fire,” referring to the U.S. support that Israel is seeking on issues such as curbing Iran’s nuclear program and Mr. Netanyahu’s ambitions to establish diplomatic relations with Saudi Arabia.Amichai Chikli, an Israeli cabinet minister responsible for relations with the Jewish diaspora, responded bluntly to Mr. Nides in an interview with Israel’s public broadcaster, Kan, on Sunday. “I tell the American ambassador, you pump the brakes,” he said, adding: “Mind your own business.” More

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    Takeaways From the Report on the Trump Georgia Investigation

    The released excerpts from the special grand jury’s report suggest that the jurors probably recommended indictments on more charges than just perjury.On Thursday, after a lengthy criminal investigation by a Georgia special grand jury into allegations of election interference by Donald J. Trump and his allies, a judge released excerpts from a report drafted by the panel. The grand jury’s recommendations were redacted, and little new information was released, but a close reading, together with earlier reporting, offers some insights into where the case is headed. Here are some key takeaways.Legal experts say Mr. Trump remains in real jeopardy in Georgia.In a post on Truth Social on Thursday afternoon, Mr. Trump thanked the special grand jury for its “Patriotism & Courage.“Total exoneration,” he added. “The USA is very proud of you!!!”In fact, the portions of the grand jury’s report that included recommendations on possible indictments were not revealed. Many legal experts continue to see two significant areas of exposure for Mr. Trump.The first is his direct involvement in recruiting a slate of alternative presidential electors after the 2020 election, even after Georgia’s results were recertified by the state’s Republican leadership. The second are the telephone calls he made to pressure state officials after the election, including one in which Mr. Trump told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes, one more than President Biden’s margin of victory in the state.“Even before we got these initial statements from the special grand jury, we knew Trump was in deep criminal peril because of the mountain of evidence that has accumulated that he violated Georgia statutes,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during the first impeachment and trial of Mr. Trump, and a co-author of a lengthy Brookings Institution report on the Fulton County investigation.The jurors did make recommendations about indictments.The special grand jury noted in its report that it had voted on indictment recommendations, though the released excerpts do not reveal what the results of those votes were. The jurors wrote that they had “set forth for the Court our recommendations on indictments and relevant statutes.” (A special grand jury cannot bring indictments, but can make recommendations to the district attorney.)In ordering that only portions of the report be released, with all names redacted, the judge handling the case may have provided a clue to the grand jury’s recommendations. The judge, Robert C.I. McBurney of Fulton County Superior Court, said he was limiting the extent of the release because the grand jury inquiry, by its nature, allowed for only “very limited due process” for potential defendants. The judge’s stance would have been unlikely if the grand jury had not recommended indictments.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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    Here’s a Timeline of the Trump Georgia Investigation

    The criminal investigation of former President Donald J. Trump and his allies in Georgia has its roots in activities that began shortly after he lost the 2020 election. So far, there have been two key investigatory threads: a plan to send an alternate slate of electors from states that Mr. Trump lost, including Georgia, and Mr. Trump’s request that Georgia’s secretary of state find the votes he needed to flip the state’s 16 electoral votes to him instead of Joseph R. Biden Jr.Here’s a look at some of the key events connected to the investigation.Nov. 18, 2020: Just over two weeks after Election Day, an outside adviser to the Trump campaign, Kenneth Chesebro, sends the first of three memos laying the groundwork for using the Electoral College system to affect the outcome of the race.Dec. 5: Mr. Trump calls Gov. Brian Kemp, a Republican, and urges him to circumvent the normal process for awarding electoral votes and allow Georgia’s lawmakers to do it instead.Dec. 6: Mark Meadows, the White House chief of staff, shares one of those memos with Jason Miller, a senior adviser on the Trump campaign. In the next few days, Mr. Trump decides to pursue the plan to offer alternate electors, according to the findings of the House committee that investigated the Jan. 6 attack on the Capitol.Dec. 7: Georgia elections officials recertified the results of the state’s presidential race after a recount reaffirmed Joseph R. Biden Jr.’s victory over President Trump, the third time that results showed that Mr. Trump had lost the state.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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    A Colossal Off-Year Election in Wisconsin

    Lauren Justice for The New York TimesConservatives have controlled the court since 2008. Though the court upheld Wisconsin’s 2020 election results, last year it ruled drop boxes illegal, allowed a purge of the voter rolls to take place and installed redistricting maps drawn by Republican legislators despite the objections of Gov. Tony Evers, a Democrat. More

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    Special Grand Jury in Georgia Trump Inquiry Concludes Its Investigation

    A hearing will be held to determine whether the report will be made public. Any criminal charges would have to be brought by a regular grand jury.ATLANTA — Eight weeks into Donald J. Trump’s latest run for president, a special grand jury investigating Mr. Trump and his allies for possible election interference in 2020 concluded its work on Monday. But the panel’s findings remain private for now, including whether it recommended criminal charges against the former president.The special grand jury was dissolved days after producing a report that was reviewed by the 20 judges on the Superior Court of Fulton County, which encompasses most of Atlanta. Its members were sworn in last May.“The court thanks the grand jurors for their dedication, professionalism and significant commitment of time and attention to this important matter,” Judge Robert McBurney, who oversaw the panel, wrote in an order dissolving it.A hearing will be held on Jan. 24 to determine whether the report will be made public, as the special grand jury is recommending, according to the judge’s order. Special grand juries cannot issue indictments, so any criminal charges would have to be sought from one of the regular grand juries that consider criminal matters in the county.Regular grand jury terms last two months. Defendants who are indicted can request speedy trials that begin by the close of the term that follows the two-month period in which they are indicted. Because of those protocols, most charges would most likely be brought at the beginning of the next grand jury term in early March, or further down the road.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

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    Israel’s New Hard-Line Government Raises Hackles Ahead of Inauguration

    The country’s president warned the far-right incoming minister of national security that he was raising alarms at home and abroad over racism, discrimination and undermining democracy.JERUSALEM — Israel’s incoming prime minister, Benjamin Netanyahu, concluded coalition agreements on Wednesday to form the most right-wing and religiously conservative government in the country’s history, a day ahead of an expected vote in Parliament to install the new leaders.The coalition pledged to expand Jewish settlements in the occupied West Bank, a move that will deepen the conflict with the Palestinians. And its members agreed to prioritize potentially far-reaching changes that would curb the power and influence of the independent judiciary, one of a number of measures that critics warn risk damaging Israel’s democratic system and paving the way for racism and discrimination against minorities.Even before the swearing-in ceremony on Thursday, a broad public backlash against the government prompted an unusual intervention by Israel’s president, Isaac Herzog, who reflected the alarm in some constituencies at home and abroad over the most contentious clauses in the coalition agreements.Mr. Herzog summoned Itamar Ben-Gvir, the leader of Jewish Power, an ultranationalist party, and the incoming minister of national security, for a meeting and conveyed “voices from large sections of the nation and the Jewish world concerned about the incoming government,” the president’s office said. He urged Mr. Ben-Gvir “to calm the stormy winds.”The president is a largely ceremonial figurehead who has no legal authority to influence the new government, but his voice carries moral weight and is supposed to unify Israelis.Mr. Ben-Gvir told Mr. Herzog that he and the new government “will pursue a broad national policy for the sake of all parts of Israeli society,” according to the statement from the president’s office.The meeting came the same morning that the coalition agreements reached between the partners of the incoming government were presented to Parliament on Wednesday, a final step required a day before the vote in Parliament to approve the new coalition.What to Know About Israel’s New GovernmentNetanyahu’s Return: Benjamin Netanyahu, Israel’s longest-serving prime minister, is set to return to power at the helm of the most right-wing administration in Israeli history.The Far Right’s Rise: To win election, Mr. Netanyahu and his far-right allies harnessed perceived threats to Israel’s Jewish identity after ethnic unrest and the subsequent inclusion of Arab lawmakers in the government.Arab Allies: Mr. Netanyahu’s far-right allies have a history of making anti-Arab statements. Three Arab countries that normalized relations with Israel in 2020 appear unconcerned.Worries Among Palestinians: To some Palestinians, the rise of Israel’s far right can scarcely make things worse. But many fear a surge of violence.The government’s guidelines began with a declaration of the Jewish people’s “exclusive and inalienable right to all parts of the Land of Israel” and pledged to bolster Jewish settlement in all areas, including the occupied West Bank — a statement that reflected this government’s abandonment of the internationally recognized formula for resolving the Israeli-Palestinian conflict based on the establishment of a Palestinian state alongside Israel.“We have achieved the goal,” Mr. Netanyahu told his Likud party lawmakers on Wednesday as the intense coalition negotiations came to an end nearly two months after the Nov. 1 election.“A huge public in Israel — more than two million Israelis — voted for the national camp led by us,” he said. “We will establish a stable government that will last its full term and serve all the citizens of Israel.”Israel’s incoming prime minister, Benjamin Netanyahu, of the Likud party, campaigning in the city of Sderot in October. Mr. Netanyahu is set to return to office 18 months after he was ousted.Amit Elkayam for The New York TimesBut the agreements were already causing strains with the Jewish diaspora, and particularly with the largely non-Orthodox community in North America, and are raising concerns regarding Israel’s international standing.More than a hundred retired Israeli ambassadors and senior Foreign Ministry officials signed a letter to Mr. Netanyahu on Wednesday expressing their “profound concern” at the potential harm to Israel’s strategic relations, first and foremost with the United States, arising from the apparent policies of the incoming government.In an interview with CNN, King Abdullah II of Jordan said he was “prepared to get into a conflict” if Israel crossed red lines and tried to change the status of a Jerusalem holy site revered by Muslims and Jews, and over which Jordan has custodianship. Jordan and Israel signed a peace treaty in 1994, but relations between King Abdullah and Mr. Netanyahu have long been tense.Mr. Netanyahu, Israel’s longest serving prime minister, is set to return to office 18 months after he was ousted. On trial for corruption, he has grown ever more dependent on his hard-line allies because the more liberal parties refuse to sit in a government led by a premier under criminal indictment.One of the most controversial elements of the new government’s plans is the prioritization of changes to the judiciary, including legislation that will allow Parliament to override Supreme Court rulings. This would limit the influence of the independent judiciary, which has played an important role in preserving minority rights in a country that lacks a formal constitution, and would give more unchecked power to the political majority.But coalition agreements are not binding, and many of their clauses remain on paper, never materializing. The clauses about the judiciary are vague and provide little detail about what will be changed, how or by when. The proposal to allow Parliament to override Supreme Court rulings, for example, does not specify whether a simple Parliamentary majority of 61 of the 120 lawmakers will be enough to strike down a Supreme Court decision or if a special majority will be required.Mr. Ben-Gvir was convicted in the past on charges of inciting racism and of support for a terrorist group and ran in the election on a bullish ticket of fighting organized crime and increasing governance, particularly in areas heavily populated by members of Israel’s Arab minority.This week, Parliament passed legislation expanding ministerial powers over the police in a way that critics say will allow Mr. Ben-Gvir to politicize the force’s operations. The coalition agreement states that he will have the authority to change open-fire regulations, potentially allowing the police a freer hand that could fuel tensions with Arab citizens of Israel.Mr. Ben-Gvir and his allies have insisted that the coalition agreements include promises to amend the current anti-discrimination law, which applies to businesses and service providers, to allow them to refuse to provide a service that is contrary to their religious beliefs and to hold gender-segregated events.Israelis demonstrating against the new government of Mr. Netanyahu this month in Jerusalem.Mostafa Alkharouf/Anadolu Agency, via Getty ImagesFar-right lawmakers suggested this week that meant that doctors could refuse to provide treatments that go against their religious conscience — for example, providing fertility treatment to a person in a same-sex relationship — or that hoteliers could turn away certain customers.Their statements set off a public uproar and forced Mr. Netanyahu to issue clarifications saying that no discrimination will be tolerated against the L.G.B.T.Q. community or any other sections of Israeli society, even though his conservative Likud party is a signatory to the coalition agreements.Israeli banks, insurance companies, medical professionals, legal experts and business leaders have denounced the proposed amendments and stated that they will not cooperate with any discriminatory conduct in their fields.Gabby Sobelman contributed reporting from Rehovot, Israel. 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    This Case Should Never Have Made It to the Supreme Court

    “The most important case for American democracy” in the nation’s history — that’s how the former appeals court judge J. Michael Luttig described Moore v. Harper, an extraordinary lawsuit that the Supreme Court considered in oral arguments Wednesday morning. Judge Luttig, a conservative and a widely respected legal thinker, is not one for overstatement. Yet most Americans aren’t paying attention to the case because it involves some confusing terminology and an arcane legal theory. It is essential that people understand just how dangerous this case is to the fundamental structure of American government, and that enough justices see the legal fallacies and protect our democracy.First, the back story on the case: In 2021, North Carolina lawmakers redrew their congressional maps. The state had 13 districts at the time, and its voters were more or less evenly divided between Democrats and Republicans. But the Republicans who are in control of North Carolina’s legislature didn’t want fair maps; they wanted power. In one of the most egregious gerrymanders in the nation, they drew 10 seats intended to favor themselves.The North Carolina courts were not amused. A panel of three trial judges found that the 2021 maps were “intentionally and carefully designed to maximize Republican advantage” — so much so that Republicans could win legislative majorities even when Democrats won more votes statewide. The State Supreme Court struck down the maps, finding they violated the North Carolina Constitution’s guarantees of free elections, free speech, free assembly and equal protection.That should have been the end of it: A state court applying the state Constitution to strike down a state law. But North Carolina’s Republican lawmakers appealed, arguing that the U.S. Constitution does not give state courts authority to rule on their congressional maps — even though the legislature had passed a law authorizing the courts to review redistricting plans like these. Instead, the lawmakers are relying on an untested theory that asserts that state legislatures enjoy nearly unlimited power to set and change rules for federal elections.In 2000 the chief justice at the time, William H. Rehnquist, proposed the idea in his concurring opinion on Bush v. Gore, and the independent state legislature theory has been floating around the fringes of right-wing legal circles ever since.To be clear, this is a political power grab in the guise of a legal theory. Republicans are trying to see if they can turn state legislatures — 30 of which are controlled by Republicans — into omnipotent, unaccountable election bosses with the help of the conservative supermajority on the Supreme Court. The theory has no basis in law, history or precedent. The idea that state lawmakers exist free of any constraints imposed by their constitution and state courts makes a mockery of the separation of powers, which is foundational to the American system of government. By the North Carolina lawmakers’ logic, they possess infinite power to gerrymander districts and otherwise control federal elections. It is a Constitution-free zone where no one else in the state — not the governor, not the courts, not the voters through ballot initiatives — has any say.On Wednesday morning, Justice Elena Kagan rejected the theory out of hand, saying it “gets rid of the normal checks and balances on the way big governmental decisions are made in this country. And you might think that it gets rid of all those checks and balances at exactly the time when they are needed most.”In practice, the theory that the petitioners in the case are seeking to use would turn hundreds of state constitutional provisions into dead letters in federal elections. For instance, 48 states affirmatively guarantee a right to vote in their constitutions. (The federal Constitution still does not.) Most state constitutions guarantee free, fair, equal or open elections. Even the secret ballot — so fundamental to American democracy — is a creature of state constitutions. If the justices accept the most aggressive version of the independent state legislature theory that the petitioners want them to and even if they accept a weaker version, provisions like these could become invalid overnight, because the theory holds that state constitutions have no authority to impose any regulations on federal elections. (The Constitution and federal law remain supreme, so challenges to state legislative actions could still be brought in federal courts.)Some of the justices insist that they don’t — they can’t — pay attention to the real-world outcomes of their rulings. They’re just interpreting law. By that logic, this case should be rejected on its merits.First, the theory is based on bad legal interpretation. The Constitution uses the word “legislature” in describing who has the power to regulate federal elections. Because of this word, the theory’s supporters claim, state legislatures have nearly unlimited power in that realm. But as Judge Luttig has noted, the theory has “literally no support” in the Constitution. To the contrary, the framers who wrote the Constitution were concerned that state legislatures had too much power, not too little. The text they wrote makes many references to the powers of those legislatures and of Congress, but it never says or implies that they are immune to review by the judicial branch.Second, the theory is based on bad history. The best evidence its supporters offer is a two-century-old document that has long been known to be fraudulent. Written in 1818 by Charles Pinckney of South Carolina, a founding father, it is purported to be a replica of the plan for government that he introduced three decades earlier at the Constitutional Convention. But what he submitted in 1818 was not the real deal. James Madison suspected this immediately, as have virtually all historians to examine it in the years since.When the theory’s supporters sought to claim that the practices of early state legislatures proved that their side should win, Justice Sonia Sotomayor responded, “Yes. If you rewrite history, it’s very easy to do.”Third, if the Supreme Court accepts this theory, it will create a logistical nightmare in states across the country. That’s because the theory applies only to federal elections, not state elections, in which state courts unquestionably have a role to play. As a result, there would be two sets of rules operating at the same time, one for federal elections and one for state elections. Chaos and confusion would reign.Most important, the Supreme Court has already implicitly rejected the theory many times over. In precedents stretching back decades, the court has made clear that state courts have the power to set limits on what lawmakers can do when it comes to federal elections. As recently as 2019, the court rejected a plea for it to stop the extreme partisan gerrymandering in North Carolina and other states. In doing so, Chief Justice John Roberts explained that this is exactly the role that state courts should play. “Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply,” he wrote.At Wednesday’s argument, Justice Samuel Alito appeared to reject that premise. He accused elected state court judges, like those in North Carolina, of being political actors themselves. “There’s been a lot of talk about the impact of this decision on democracy,” said Justice Alito, who has given openly partisan speeches to outside groups and voted consistently in alignment with Republican policy priorities. “Do you think that it furthers democracy to transfer the political controversy about districting from the legislature to elected supreme courts where the candidates are permitted by state law to campaign on the issue of districting?”Another way to appreciate the absurdity of the theory is to consider who has come out for and against it. On one side, a large and bipartisan group of judges, government officials, former lawmakers, leading historians and constitutional scholars from across the political spectrum have rejected it. These include a co-founder of the right-wing legal group the Federalist Society, the chief justices of all 50 states, multiple Republican former governors and secretaries of state and civil rights organizations.On the other side, you will find a far smaller and less bipartisan cast of characters — among them, the Republican National Committee, a group of Republican state attorneys general and John Eastman, a former law professor last seen helping Donald Trump plan an illegal and unconstitutional coup to stay in office (an act that has exposed Mr. Eastman to a real risk of criminal prosecution).That so many justices would take the theory seriously is bad enough. Three of them — Justices Alito, Neil Gorsuch and Clarence Thomas — appear to favor the independent state legislature theory, as they suggested in an opinion in an earlier stage of the case. Justice Brett Kavanaugh has also indicated his openness to it. It’s worse when the public trust in and approval of the court have fallen to historic lows, thanks largely to aggressively partisan recent opinions, as this board has argued.There’s an old saying that only close cases make it to the Supreme Court. If they weren’t close, they would have been resolved in the lower courts. But Moore v. Harper isn’t a remotely close case. A ruling for the North Carolina lawmakers would flood the federal courts with election litigation that normally plays out in the states, upending the balance of federalism that defines American government. That’s not a conservative result; it’s a dangerously radical one.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Is the Supreme Court About to Upend American Election Laws?

    Here’s what to know about a court case that could change the way Americans vote — and who decides how they do.For months, my inbox has been bombarded by anxious Democrats and election experts wanting to talk about a once-obscure legal theory that could fundamentally alter the way Americans vote.Known as the independent state legislature doctrine, it holds, in its purest form, that state constitutions have little to no ability to constrain state legislatures. The doctrine emerged from a novel interpretation of the U.S. Constitution’s Elections Clause, which grants states the authority to set the “time, places and manner” of federal elections.At the core of the dispute is whether the framers intended the word “legislature” in the document to be understood strictly, or whether they meant that other institutions — like state courts, governors and secretaries of state — also had important roles to play in setting and interpreting the rules around elections and voting.A fringe version of the doctrine entered the public discussion last year when it emerged that one of Donald Trump’s lawyers, John Eastman, had written a memo arguing that it even allowed state lawmakers to send their own slate of presidential electors to Washington.The Supreme Court has traditionally been gun-shy about encroaching on state courts, especially when they are interpreting their own constitutions.But a more mainstream conservative position, embraced by the Republican Party and rejected by Democrats, started gaining support on the right amid legal battles over the accommodations some states made for voters during the pandemic, like the expansion of mail voting.If adopted, the doctrine would, among other things, bar state courts from ensuring that state laws comply with a requirement, common in many state constitutions, that elections be “free and fair” — with potentially vast implications for rules on redistricting, citizen-led commissions and voting. Understand the U.S. Supreme Court’s New TermCard 1 of 6A race to the right. More