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“Trump-era grievances could get a second life at the Supreme Court”


John Kruzel for The Hill:

The most conservative justices of the Supreme Court are signaling interest to issues closely related to President Trumpfrom rules on social media platforms to how elections are run.

Justice Clarence Thomas This week chose how Twitter could be more tightly regulated after it banned Trump from its platform and predicted the court would soon be called upon to address Big Tech’s “highly centralized control” over with words.

He and fellow Conservative Judges Samuel Alito and Neil Gorsuch It also recently made clear their hopes are to address whether state officials and courts have the authority to make changes to electoral rules after some states loosened voting restrictions in the context of pandemic coronavirus or not.

Court watchers say these signals can be read as an open appeal to lawsuits that will raise legal issues for the conservative 6-3 court to decide….

But at least a third of the judges – Thomas, Alito and Gorsuch – are eager to confront the matter face-to-face and will likely give conservative arguments at least a warm reception. Surname Dissent vigorously when the court in February refused to accept election lawsuits in favor of Trump may have raised the issue of independent state legislature over the Supreme Court’s ruling.

Rick Hasen, professor of law at the University of California Irvine, said the fact that three or more judges believe in a “strong version” of the independent state legislature doctrine sends a clear signal to the parties will make a request in future lawsuits. .

“Sooner or later, the Supreme Court will have to look at this,” he said. “I just hope it happens in a non-national case, such as a presidential election.”

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