This week on Flashpoint, WCNC Charlotte's Ben Thompson talks with Tom Wolf, deputy director in the democracy program at the Brenner Center about the upcoming Moore v. Harper case being heard in US Supreme Court. At issue, "independent state legislature theory", an controversial legal theory that suggests state legislatures have the final say on federal election laws. Critics of the theory argue it undermines America's history of three separate branches of co-equal government, all for short-term political gain.
"It just fundamentally misunderstands the way American governments worked for centuries. And it's threatening to upend all of it," Tom Wolf, deputy director at the Brennan Center for Justice, said.
Later, Ben talks with J. Christian Adams, president of the public interest legal foundation. The org filed a brief in support of Moore.
"This theory is about destroying our system of checks and balances. For over 200 years, state legislators have shared power for making the rules for federal elections with any number of people, including state courts, governors, election officials, and even the people themselves through direct democracy, ballot initiatives, referenda," Wolf said.