Supreme Court Could Have Final Say on H.R. 1

Latest Polls (view all)

Where do you stand on the Transgender Issue now that the issue has gotten to the overt point of the open celebration of this lifestyle choice, dictated by certain direct and explicit actions.

91.07% I do not approve of behavior that has within its expressed tenants policies that harm children.

8.04% I do support the Trans Community in all its many facets because diversity is at a premium in today's society.

0.89% What is a "Children's Drag Queen Story Hour?"

Click Here to Vote
112 Vote(s)

View all Polls

Supreme Court Could Have Final Say on H.R. 1

Published: Tuesday, June 29th, 2021 @ 2:45 pm
By: John Locke Foundation ( More Entries )

Publisher's Note: This post appears here courtesy of the John Locke Foundation. The author of this post is Mitch Kokai.

If Congress manages to approve the sweeping federal election takeover envisioned in H.R. 1, the U.S. Supreme Court should respond. Nathan Lewin explains why in a Federalist column.

If Congress were to enact such a sweeping law - replacing election laws in all states - it would be doomed by a constitutional principle even the most liberal justices of the Supreme Court have recently endorsed.
Copyright law provides the most recent precedent for invalidating H.R. 1. In 2019, the Supreme Court heard a challenge to a 1990 law eliminating the sovereign-immunity defense states had invoked if they were sued for copyright infringement. A photographer whose videos had been used by North Carolina without his permission sued the state, claiming the 1990 law removed its claim that it could not be held accountable in court for infringement.
A unanimous Supreme Court - including the late Justice Ruth Bader Ginsburg - found the 1990 law unconstitutional because it was too broad. Justice Elena Kagan's opinion in Allen v. Cooper, issued on March 23, 2020, said the law violated the "congruence and proportionality" principle by which the Supreme Court has uniformly measured congressional legislation. The law "swept too far," she said, and its "indiscriminate scope" was "out of proportion" to any problem Congress was seeking to address.
Unlike H.R. 1, the 1990 copyright law was the subject of a congressional report, which the court still found inadequate to sustain the law because it cited "just two examples of patent infringement suits against the States."
"Congruence and proportionality" mean a law cannot be indiscriminately broad unless there is evidence such sweeping coverage is necessary. Congress may not displace a large area of local legislation, but must selectively address specific ills shown through legislative hearings and committee findings.
This "congruence and proportionality" standard was also the basis for a ruling in 2000 upholding state immunity from lawsuits under the Americans with Disabilities Act in Board of Trustees of the University of Alabama v. Garrett.

Go Back

Login to Leave a Comment

User-Fee Principle Should Guide Future N.C. Transportation Choices

John Locke Foundation Guest Editorial, Editorials, Op-Ed & Politics

Funnel Cakes for All: ‘Science’ Favors State Fairs

Our Members

ENCN Sign Up

BCN Home

Beaufort Observer

Portfolios

Current Events: A Historical Perspective

Current Weather

Latest Comments

Latest Polls

Featured Entries

Latest Entries

Supreme Court Could Have Final Say on H.R. 1 | Eastern NC Now

Supreme Court Could Have Final Say on H.R. 1

Leave a Guest Comment

Latest Op-Ed & Politics

Iranian Regime Whips Female Singer For YouTube Concert As Mullahs Execute Protesters

America's surveillance state arrives - and it is state and local governments responsible

Tests again show that majority of "unaccompanied minor" illegal aliens are actually adults

Newsome tries to cover up corruption in crooked California elections

Will Democrats force Graham Platner out of Maine Senate race?

Beaufort County Republicans Try to Un-Ring the Finance Bell

American Upset Caps Off Wild UFC Night

Our Founding Principles: The Beginning of the American "Experiment"

Is this why chief Justice John Roberts has long been sandbagging conservatives?

Florida bans illegal aliens from admission to state colleges and universities

It was the Biden FBI that sent a mole into Gavin Newsome's inner circle on criminal probe

French mother schedules march, calls for "war" after 5 migrant teens lynch her 17 y.o. son

Are American public schools destroying what made America great?

new poll - 62% of Democrats would vote for a socialist, Dems prefer socialism over capitalism

:Appeals Court overturns Biden judge on park services signs disparaging American heroes

General who directed Afghan withdrawal debacle is fired, and the left howls about it

Vance’s Most Trusted Adviser To Depart Trump Administration

Federal court backs Tennessee law making illegal presence by migrant a state crime

America at 250: Will we keep what we have been given?

Stein creates bipartisan healthcare affordability commission

The OnlyFans Success Story That’s Missing A Dark Reality

SCOTUS gives US citizenship to babies of Chinese birth tourists and illegal aliens

Now it is a Congress seat in CO - Far left socialist takes out another liberal Democrat in primary

Peru becomes latest Latin American country to swing to the right as conservative wins presidency

Supreme Court upholds laws restricting women's sports to REAL women and keep men out

Rally set for Raleigh to pressure RINO Senator Tillis on SAVE America Act

Maybe it is not Republican Sanitizing, Maybe it is Sanitation