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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf somehow this Texas SCOTUS case goes anywhere
And somehow the SCOTUS overturns the elections in those States......then Pelosi needs to refuse to seat the congressmen in those states also.
https://www.hklaw.com/en/insights/publications/2017/12/when-can-congress-refuse-to-seat-a-dulyelected-can
In 1969, the U.S. Supreme Court ruled that the Speaker of the House could not exclude a duly-elected candidate for the U.S. House of Representatives. In Powell v. McCormack, 395 U.S. 486 (1969), the Supreme Court ruled that the House's Constitutional authority to judge the qualifications of its own members was post facto and could only be exercised via expulsion after a 2/3rd affirmative vote. In other words, the House and Senate have no discretion when deciding whether to seat a candidate who has been duly elected under state law,
The wouldnt be duly elected, therefore, shouldnt be seated. Yes we would lose some Democrats, but the would lose more republicans. 30 Republicans to 24 Democrats
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If somehow this Texas SCOTUS case goes anywhere (Original Post)
Proud liberal 80
Dec 2020
OP
The guy behind this also got the ACA repeal to the Supreme Court - Ken Paxton.
Patterson
Dec 2020
#2
The Velveteen Ocelot
(115,964 posts)1. It won't go anywhere.
Texas doesn't have standing to object to other states' constitutionally-granted power to manage their own elections.
Patterson
(1,534 posts)2. The guy behind this also got the ACA repeal to the Supreme Court - Ken Paxton.
greenjar_01
(6,477 posts)3. Stop it
onenote
(42,826 posts)4. Pelosi cannot unilaterally exclude someone.
There is a procedure for the House, as a whole, to consider and decide contested House elections on a case-by-case basis
rso
(2,273 posts)5. SCOTUS
Once again, SCOTUS will grab POTUS by the SCROTUS.