Zach Irani, Press Corps 7
SCOTUS, Non-Traditionals – Today in Washington D.C. the Supreme Court assembled for the hearing of Moore v. Harper, deciding whether it is constitutional for state legislatures and supreme courts to manage or alter congressional maps. Those siding with Moore strongly endorse the “independent state legislature theory”, arguing that only the state legislature has the power to establish rules. Beyond that, the theory states that those legislatures can go as far as contradicting their own state constitution in their decisions.
Following the Court’s hearing of Moore v. Harper, The NAIMUN Daily was able to interview Justice Brett Kavanaugh to gather insight on the case. Kavanaugh was happy to reveal that he was fairly impartial to the issue, illustrating many weaknesses in both the petitioners and the respondents' arguments.
“Both sides are messy. And that's how any constitutional case is going to be” Kavanaugh said. “Frankly, if it wasn't messy, it wouldn't get to the Supreme Court, we only take the messy cases, which is why it's often so divisive.”
As it reached time to make a decision, the majority of the court ruled in favor of Moore, that is, they agreed that the party-based gerrymandering was legal, and that the independent state legislature was permissible constitutionally. Kavanaugh was left stranded, being the only justice to dissent. The other seven justices not only had a plurality, but beyond that had a single agreement, meaning they all held the same opinion with identical reasoning.
When asked about why he chose to dissent, Kavanaugh expressed his criticisms of the other justices.
“I dissented because…they only cited one case [McPherson v. Blacker] that made up the basis of their argument, and I argued that that case was fully irrelevant.”
Additionally, in his isolated opinion, Kavanaugh stated that the Court's decision represented a departure from its history. He argued that the majority's reasoning overturned over “three hundred years of precedent” and thus was a threat to equal and free elections.
The NAIMUN Daily also asked Kavanaugh about his emotions regarding the case, along with his feelings on the state of the court.
“Well, I am deeply disappointed by the majority of the court,” Kavanaugh stated.
He expressed his concerns with the court’s decision, arguing that it sets a dangerous precedent for the future where voters no longer elect their representatives, but rather, the representatives are the ones selecting their voters.
While it is unknown what will happen as a result of this decision, it is clear to both Justice Kavanaugh and The NAIMUN Daily that this decision has the capability to cause an immense amount of disruption in the American government.