News Clips

Constitutional amendments – which must be passed in identical form in two legislative sessions before being presented to voters on a ballot – should be used sparingly. And they certainly should not be used to let one branch of government sidestep the checks and balances of the other branches. But Pennsylvania legislators are now using the amendment process to take power from other branches of government and increase their own influence.

Henry Coxe III, an attorney for Common Cause Florida and Fair Districts Now, contended the Florida Constitution does not provide the governor with the right to ask the court to advise him whether he should veto a hypothetical congressional redistricting bill. “Any other result would implicate the constitutional principle of separation of powers by entangling the (Supreme) Court in the legislative drafting process,” Coxe wrote. “This request seeks an advisory opinion purportedly to inform his possible, hypothetical, exercise of his legislative veto power on a bill that has not yet been drafted, much less passed by both houses of the Legislature or presented to the governor for signing,” Coxe wrote. “In this context, it is well-settled that the governor’s query about his veto power asks about a legislative function not susceptible to an advisory opinion. Such a request for guidance from this court before a bill is passed by the Legislature and signed by the governor is improper.”

“Today’s ruling is an unequivocal win for North Carolina’s Black voters who were most harmed by this extreme partisan gerrymander,” Allison Riggs, a lawyer with the Southern Coalition for Social Justice, said in a statement. Riggs represented Common Cause. “At every level, North Carolina’s GOP leadership diluted representation of communities of color to entrench their own political power in ways that were both obvious and egregious,” her statement said.

“January 6 was an insurrection that left dead and scores of seriously injured in its wake. It was not legitimate political discourse no matter what the GOP says,” said Karen Hobert Flynn, the president of the group Common Cause. “It was a violent attempt to overturn the legitimate results of the 2020 presidential election and ignore the will of the people. It was a dangerous and irresponsible attempt to try to intimidate Congress with an angry racist mob assembled and then set loose by a man who had just lost the presidential election.” Flynn accused the RNC of attempting to normalize political violence, and she described the vote to censure Cheney and Kinzinger over their work investigating the insurrection as “anti-democratic”.

Attorney Allison Riggs, who is representing plaintiff Common Cause in the redistricting case, says that even though the state constitution doesn’t explicitly require fair elections, case law clearly does. “I’ve certainly studied the history,” she said, “and there is not a suggestion anywhere that the failure to put ‘fair’ in the constitution means that there's a presupposition that elections will be run unfairly.” Riggs says constitutional provisions have to be understood together in context. “In cases interpreting free elections, there's frequently also an equal protection claim associated with that that really talks about how we have to treat people equally and fairly,” Riggs said. “Sometimes you can miss the forest for the trees.”

Viki Harrison, director of state operations for Common Cause, said fringe groups from both sides of the aisle have called for a convention of states over the years, but her organization is opposed, noting the gathering could easily be influenced by powerful special interests. "Who's going to choose who goes to the convention?" Harrison wondered. "We already see how outside special-interest groups, big-money donors, have so much influence in elections, so why would we think this would be any different?" Supporters argued Article Five was written by the founding fathers as an option for states to respond should the federal government overstep its powers. Harrison countered they failed to create guardrails, leaving the Constitution open to unpredictable changes. "Anything that we hold dear, whether you care about education, or environmental rights or gun rights, no matter what you care about in the Constitution, if we called an Article V convention, it's up for grabs," Harrison cautioned.