Yesterday, in a 6-3 decision, the Supreme Court protected the system of checks and balances that is foundational to our democracy. This ruling acknowledges the critical role state judiciaries play in upholding voters’ constitutional rights. It reinforces that the legislature cannot grant itself exclusive control over federal elections, especially at the expense of voters. As the members and leaders of Mormon Women for Ethical Government, we are relieved that the court rejected the state legislature’s claim to unchecked influence over federal elections.
In Moore v. Harper, the Court relied on 200 years of precedent, determining that state legislatures do not have sole authority over federal elections. Instead, they are subject to the ordinary exercise of judicial review in state courts and are bound by both state and federal constitutions. We appreciate that the Supreme Court has rejected a fringe theory that would have reversed hundreds of years of practice, undermined constitutional governance, and placed almost unlimited power in the hands of state representatives. If legitimized, this theory would almost certainly have been used to insulate legislators from the will of the people, creating a government that would be representative in name only.
We cannot rely on state legislatures to be the sole guardians of our democracy. In the past, legislatures have been responsible for many egregious violations of voter rights, including: poll taxes, gerrymandering, targeted barriers to voter registration, and secret ballot denial. Citizens have long depended on governors, state judges enforcing state constitutions, and citizen-led ballot initiatives to protect voter influence and ensure that elections are impartial and open to all eligible voters. This court decision is a step forward to keeping these critical safeguards intact.
We reaffirm our commitment to constitutional government and our relentless determination to advocate for a democracy in which every voter can meaningfully participate. This commitment is grounded in our determination to preserve individual agency and acknowledge the equal value of every soul. We encourage voters to be aware of threats to our democracy, including attempts by leaders to aggregate power in their own hands and thereby elevate their interests over those of citizens. We are grateful that yesterday’s decision safeguards our elections and protects the power of individual voters, and we commit to do our part to ensure that the American experiment continues.
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