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Proud liberal 80

(4,167 posts)
Wed Dec 9, 2020, 01:44 PM Dec 2020

If 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 wouldn’t be duly elected, therefore, shouldn’t 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
It won't go anywhere. The Velveteen Ocelot Dec 2020 #1
The guy behind this also got the ACA repeal to the Supreme Court - Ken Paxton. Patterson Dec 2020 #2
Stop it greenjar_01 Dec 2020 #3
Pelosi cannot unilaterally exclude someone. onenote Dec 2020 #4
SCOTUS rso Dec 2020 #5

The Velveteen Ocelot

(115,964 posts)
1. It won't go anywhere.
Wed Dec 9, 2020, 01:49 PM
Dec 2020

Texas doesn't have standing to object to other states' constitutionally-granted power to manage their own elections.

onenote

(42,826 posts)
4. Pelosi cannot unilaterally exclude someone.
Wed Dec 9, 2020, 02:13 PM
Dec 2020

There is a procedure for the House, as a whole, to consider and decide contested House elections on a case-by-case basis

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