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Supreme Court hints that Ron DeSantis violated the Constitution in his war with Disney [View all]
A recent Supreme Court decision appears to be sending a message to Florida Gov. Ron DeSantis (R), alluding to the fact that he’s losing his legal battle with Disney.
In the recent decision for Moore v. Harper, the Supreme Court rejected the right-wing’s “independent state legislature theory,” which posits that the constitution grants state legislatures the sole power to make laws regulating federal elections, such as election rules and congressional maps.
...One of DeSantis’s moves was to abolish Disney’s special tax district and create a five-member board to oversee government services in Disney’s district. Disney then pulled a fast one on DeSantis by sneaking in a last-minute development agreement with the former board allowing the company to maintain much of its autonomy and rendering the new board pretty much powerless. DeSantis and the legislature responded by passing a law voiding the contract, which caused a series of legal issues, in part due to the fact that the U.S Constitution bans state governments from voiding contracts.
And in the Moore v. Harper decision, the Supreme Court acknowledged that very prohibition. The decision explained that other areas of the Constitution – not just the Elections Clause – grant federal courts the authority to regulate the actions of state legislatures. The example Roberts chose to use: the Contracts Clause.
In the recent decision for Moore v. Harper, the Supreme Court rejected the right-wing’s “independent state legislature theory,” which posits that the constitution grants state legislatures the sole power to make laws regulating federal elections, such as election rules and congressional maps.
...One of DeSantis’s moves was to abolish Disney’s special tax district and create a five-member board to oversee government services in Disney’s district. Disney then pulled a fast one on DeSantis by sneaking in a last-minute development agreement with the former board allowing the company to maintain much of its autonomy and rendering the new board pretty much powerless. DeSantis and the legislature responded by passing a law voiding the contract, which caused a series of legal issues, in part due to the fact that the U.S Constitution bans state governments from voiding contracts.
And in the Moore v. Harper decision, the Supreme Court acknowledged that very prohibition. The decision explained that other areas of the Constitution – not just the Elections Clause – grant federal courts the authority to regulate the actions of state legislatures. The example Roberts chose to use: the Contracts Clause.
https://www.lgbtqnation.com/2023/06/supreme-court-hints-that-ron-desantis-violated-the-constitution-in-his-war-with-disney/
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