Should Representative Ronny Jackson’s Lawyers Be Sanctioned for Filing a Frivolous Federal Lawsuit Attacking California’s Proposed Ballot Measure Redrawing Congressional Districts?

This ridiculous complaint went nowhere even before federal district judge Matthew Kascmaryk given that Rep. Jackson could not prove irreparable harm before the ballot measure even passes and given that Jackson failed to give notice to the other side. Here’s a news story on the rejection of the motion for a TRO.

But look at the complaint on the merits. The first claim purports to state a violation of the Elections Clause, which gives state legislatures the power to set the rules for conducting federal elections, subject to Congressional override. Jackson’s argument made me laugh out loud. It’s a reverse independent state legislature theory argument, that the CA legislature could not put a state constitutional amendment on the ballot to reverse the use of an independent commission for congressional redistricting for the rest of the decade because that would violate the state constitution. By definition, an amendment to the Constitution that overturns an old provision of the constitution cannot be unconstitutional, and in any case it does not violate the federal Elections Clause limiting the power of the state legislature.

This argument is a frivolous embarrassment.

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