SCOTUS Rules Against GOP State Legislature In Key Election Law Case

The U.S. Supreme Court ruled Tuesday against a Republican-drawn congressional map in North Carolina, rebuking “independent legislature theory.”

The theory proposed by the GOP lawyers believes that because Article I, Section 4 of the Constitution gives state legislatures the power to determine the “times, places and manner” of federal elections, state and federal courts have no business reviewing state decisions in redistricting. 

“The Elections Clause does not insulate state legislatures from the ordinary exercise of state judicial review,” Chief Justice John Roberts wrote in the majority opinion. 

The controversy was spurred when the North Carolina Supreme Court struck down the legislature’s congressional map, which favored Republican candidates. However, after the state’s top legislative Republicans appealed to SCOTUS, the party gained control of the state’s high court, which subsequently overruled the reasoning — but not the result — of the original decision. 

The decision gives power to federal courts to review state supreme court decisions regarding congressional maps’ compliance with state election laws. This means that federal courts could overrule state courts in deciding whether a map violates state law, not just federal law. 

Roberts was joined by Justices Brett Kavanaugh, Amy Coney Barrett, and the three Democrat-appointed justices to form the 6-3 majority. The majority argued that the Supreme Court had jurisdiction over the case, state constitutions govern the legislature’s redistricting power, and state and federal courts can review the legality of state legislatures’ maps under state and federal laws.

Roberts argued that the Court had authority to hear the case because the only path for the GOP petitioners to be relieved is if SCOTUS overturned the state supreme court’s first decision on the matter, which was only partially overturned after Republicans took over the Tar Heel State’s high court. 

The Chief Justice also turned to the practice of judicial review before Marbury v. Madison solidified the practice in SCOTUS. “State cases, debates at the Convention, and writings de- fending the Constitution all advanced the concept of judicial review,” he wrote. “The idea that courts may review legislative action was so “long and well established” by … Marbury in 1803 that Chief Justice Marshall referred to judicial review as ‘one of the fundamental principles of our society.’” 

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“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review,” Roberts concluded.

Justice Brett Kavanaugh wrote a concurrence where he emphasized that federal courts should be limited in their jurisdiction to review state redistricting cases, pointing out the Court does not adopt a standard. He also argued that allowing federal courts this jurisdiction is not disrespect to state courts but a protection for state legislatures.

Justice Clarence Thomas dissented, arguing that the Court should not have even heard the case and that granting federal judges authority over controversies of state election law would “swell federal court dockets.” 

More consequentially, he noted that “politically charged controversies” will arise “haphazardly” before federal courts, with the winners of federal elections possibly being decided by a quick judgment of a federal court. 

Lead petitioner and Speaker of the North Carolina House Tim Moore released a statement regarding the decision:

“Ultimately, the question of the role of state courts in congressional redistricting needed to be settled and this decision has done just that. I am proud of the work we did to pursue this case to the nation’s highest court,” Moore said. “Fortunately the current Supreme Court of North Carolina has rectified bad precedent from the previous majority, reaffirming the state constitutional authority of the NC General Assembly. We will continue to move forward with the redistricting process later this year.”

Rick Pildes, a law professor at New York University, said that “while the Court provided some clarity about the independent state legislature issue,” it left a “vague standard” for federal courts to apply when determining whether they should review state legislatures’ maps legality under state law. Pildes states that we don’t know when a court goes “too far” and that it will likely be litigated amid the 2024 elections.

Zach Jewell and Nathan Gay contributed to this report.

Transgender Triple Murderer Sent To Women’s Prison

An infamous triple murderer who claims he is a woman landed in a California state women’s prison this month.

Dana Rivers, previously David Warfield, 68, was convicted in November of the triple murder of Charlotte Reed and Patricia Wright, a lesbian couple in their late 50s, and their 19-year-old son Benny Diambu-Wright, in Oakland, California, in 2016.

The bodies of both women were found stabbed and shot with a silenced .38 revolver, and the body of their son was found in the street with gunshot wounds. Shortly after police arrived, Rivers walked out of the house, covered in blood and reeking of gasoline. Police searched the suspect and found bullets and brass knuckles.

Rivers was charged with three counts of first-degree murder as well as arson for dousing the garage with gasoline and setting it on fire, an apparent attempt to destroy the evidence of the murders.

TRAs show support for convicted murderer Dana Rivers by assaulting women who were objecting to him being housed in a women's prison.

To clarify; TRAs support Dana Rivers, who brutally murdered Patricia Wright & Charlotte Reed & their adopted son, Toto ‘Benny’ Diambu-Wright. 😳 pic.twitter.com/6mmcA3aFN2

— gender is harmful (@genderisharmful) December 7, 2022

Rivers was initially housed at Santa Rita Jail about 40 minutes north of San Jose.

On June 14, Rivers was sentenced to life in prison without parole.

Two days later, Rivers was transferred to the Central California Women’s Facility in Chowchilla.

California is permissive when it comes to allowing trans-identifying male inmates to be incarcerated in women’s facilities. Since 2021, the state has allowed at least 47 male inmates who identify as transgender or “non-binary” to transfer to women’s prisons, according to a January report from the Washington Free Beacon. Female inmates who said they were sexually assaulted by their trans-identifying male fellow prisoners have sued the California prison system.

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Women activists who oppose trans-identifying men in women’s prisons were outraged.

Activist Kara Dansky, who has been protesting Rivers’ potential transfer to a women’s prison for months, said she believes Rivers’ murders were a “hate crime” against the female victims, who were a married lesbian couple.

“There was something truly vile about the way this was carried out and his obvious hatred of her. My feeling from knowledge of the case is that he killed her because he couldn’t be her and he shouldn’t be in prison with other women,” Dansky said, according to the New York Post.

Amie Ichikawa, an activist who herself served five years in the same prison as Rivers for a drug deal gone wrong, agreed that Rivers committed a hate crime and said female inmates are scared of trans-identifying men.

“They get very anxious when a [trans-identifying man] gets processed in,” Ichikawa said. “Even when they’re post-op, if they get mad they go right back to angry man mode.”

Rivers has been in the news since the 1990s.

In 1999, back when he was David Warfield, Rivers was fired from his teaching position at Center High School north of Sacramento after he talked to students about his plans to undergo a sex change. Rivers told school district officials he was planning to have a sex-change operation and go on cross-sex hormones over the summer and return to teach in the fall as a woman.

District officials directed him not to discuss his sex change plans with students, but Rivers flouted that request and pulled several students aside to explain the situation. He even gave an interview to the school paper discussing his three failed marriages, alcoholism recovery, and his fear of rejection by students.

“I’m not some freak,” Rivers told the school paper.

Initially, the school board had written a letter to parents informing them about the upcoming sex change, but explaining that Rivers was a tenured teacher with a good performance record, so there was nothing they could do. After outrage from parents over Rivers’ private conversations with students about the sex change, the school fired him.

That wasn’t the end of the story, though. Rivers sued Center High School over his termination, which catapulted him into international news. A glowing profile by the Los Angeles Times at the time declared that Warfield was “the teacher who helped low achievers turn it around” before he “became a woman.”

In November 1999, Rivers resigned in exchange for a $150,000 settlement.

Rivers was thought by many to have become an enforcer for an all-female biker club called the Deviants, which was associated with the infamous gang Hell’s Angels, according to prosecutors in the murder case. Rivers went by the nickname “Edge” and had tattoos indicating he was a “1 percenter,” a reference to the supposedly small percentage of motorcycle clubs that are criminal.

One of the two women Rivers killed was a former member of the Deviants.

Rivers and the woman met at a Veterans Affairs Center, where Rivers, who is also a U.S. Navy veteran, was seeking mental health care. They became friends, and the woman had a short stint as a Deviant before quitting the biker club. The Deviants began threatening the woman, and eventually, Rivers killed her, her partner, and her son.

Now that Rivers has ended up behind bars alongside women, the women activists advocating for female-only prisons are continuing to fight the decision.

“It’s not over. We will never stop fighting,” Dansky tweeted.

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