Posted on 12/11/2020 10:25:05 AM PST by JewishRighter
I saw that thread.
It is based on baseless speculation.
Are those vampire fangs?
Oops, different case
Good question. Hard to say. Maybe Pres. Trump will invoke the Insurrection Act, implement his 2018 EO, or do something else altogether.
"Interesting times", yes. I don't like interesting times.
SIC SEMPER TYRANNIS
Associated Pee
Anyone with teeth like that should not appear in public.
>> He’s a substitute teacher.
Can it get any more idiotic ?
So, if there is fraud or some other problem with a state's election then the state courts can fashion a remedy, and/or failing that the state legislatures can step in and appoint their own slate of electors to the EC under Constitution Article 2 & 12.
The argument that PA, WI, MI etc. have is that issues relating to fraud in their elections are not and can never be properly before SCOTUS - i.e. that the issue is "non-justiciable." The sole Constitutional remedy and the only one in keeping with the inherent federal nature of our legal order is that any remedy is limited to the state's own court system and legislature, and it's just nobody else's business, including SCOTUS. A sort of "what happens in Vegas stays in Vegas" argument.
The counter-argument that TX et al can make is that rampant fraud obviously dilutes the power of the federal election held in TX and in effect gives TX a president that should not have been elected had PA, WI, MI et al not engaged in gross violations of their own rules. It therefore directly effects TX and so the remedy doesn't "stay in Vegas", so to speak. I think that's a colorable argument, but I think it is weak given two factors. First, SCOTUS doesn't want this case. They want to punt, and given my considerable experience with judges (I'm a lawyer) they'll use whatever doctrine at hand to do so. Second, I find the "political question" argument compelling. TX and the rest of us signed onto a compact wherein we trust each other to run substantially fair elections. If MI, for example, breaks that faith (which they clearly did) then the remedy isn't to run to SCOTUS complaining about it. That is superficial - it doesn't go to the core of the problem, which is that the national compact has broken down due to MI's permitting gross and in-your-face election theft.
No, the remedy is, by the very nature of our federal system based on a high degree of trust among the several States, to question the Union itself. The remedy is to first be sought in a Constitutional Convention and, failing that, by Articles of Secession.
We are conservatives. By definition, our default position is that we have a precious birthright and we will endure almost anything in order to keep the inherited estate together. But we must now admit, in my opinion, that the compact has broken down. There is no trust of urban America. They've broken faith with us. And the GOP legislatures have proved themselves once again to be the RINO cowards that they always were.
Even if SCOTUS decides to intervene, the fact remains that SCOTUS was never supposed to be placed in this position by our Constitutional order. It's just a question of time before we'll have to face the issue again.
Constitutional Convention or Articles of Secession. That's the only manly choice I see.
Associated Pee
More “judges” paid off by the CCP
I don’t recognize your ID, so if the CCP judge has a point take your screed to Daily Kos
I don’t recognize your ID, so if the CCP judge has a point take your screed to Daily Kos
Hey, that's actually an improvement from all the prior Judge rulings in Republican election lawsuits so far, isn't it?
/s
Thanks. I appreciate your sound insight. Do you foresee any potential for victory for Trump at this point.
Gosh, I hope you are right. What rollercoaster!
I hope I'm wrong.
Agree with your first sentence.
Yudge DraKoola was a Holly Jolly sorta of feller.
Until the night he was hauled away to Gitmas
People may not like the decision SCOTUS may make but if they do not take the case any creditably they have now will be totally destroyed This will be very bad for the republic may lead to its destruction.
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