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BlueMTexpat

(15,699 posts)
12. I don't think
Tue Nov 10, 2020, 08:22 AM
Nov 2020

that you read through the link. Not ALL of the Justices are insane.

Here are the last two paras:

...
Applied in a principled way, Chiafalo changes the scope of any legislative superpower. Maybe in the context of the precise question raised in Bush v. Gore, there remains a presumption in favor of legislative text over judicial constructions of that text. But Chiafalo must mean that state legislatures cannot now act against the vote of the people any more than presidential electors can.

Thankfully, it appears very unlikely that any legislature will accept Mark Levin’s challenge, and select a slate contrary to the votes of its people. But if any legislature were to take up the call, the Supreme Court would be asked to review that unprecedented act. Its ruling should be clear that this move is illegal. Prominent originalist scholars have noted how far Chiafalo strayed from the framing design. It would be extraordinary now if, in the name of originalism, the justices would sanction an even greater perversion of the original design. The greatest charge against originalism is partisan selectivity. We do not believe that selectivity is inherent to originalism. But few would agree if, after ignoring the Framers in Chiafalo, the Supreme Court invoked the Framers now to defeat a candidate who has won an absolute majority of the public’s vote. Whatever else that result would say, it would certainly not communicate that “[w]e the people rule.”

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Sorry, but NO BlueMTexpat Nov 2020 #1
The Constitution is really clear, and SCOTUS would have the final say Recursion Nov 2020 #4
Sorry, but NO. BlueMTexpat Nov 2020 #8
It's not me you need to convince of that, it's 5 Justices of the Supreme Court (nt) Recursion Nov 2020 #10
I don't think BlueMTexpat Nov 2020 #12
No, but 5 of them are Recursion Nov 2020 #13
Sigh. BlueMTexpat Nov 2020 #14
OK, which 5 justices do you see voting against a legislature-selected slate in PA? (nt) Recursion Nov 2020 #18
Our 3 plus Roberts so that's 4. honest.abe Nov 2020 #47
More to the point, all they really have to do is refuse to certify Recursion Nov 2020 #30
Before your speculations BlueMTexpat Nov 2020 #50
I love how you think "it's illegal" means "Republicans won't do it" Recursion Nov 2020 #51
Bush v Gore said no such thing. Takket Nov 2020 #15
Rheinquist based it on the plenary power of state legislatures over the elector selection process Recursion Nov 2020 #17
You have to wonder if party leadership AkFemDem Nov 2020 #2
They survived the reaction in the street in 2000 (nt) Recursion Nov 2020 #6
I'm not talking about party survival AkFemDem Nov 2020 #7
I believe PA leg has indicated several times that they will not be doing this SomedayKindaLove Nov 2020 #3
They're being less insistent about that today (nt) Recursion Nov 2020 #5
You are correct, Someday... dixiechiken1 Nov 2020 #42
Michigan law prohibits "faithless electors"... N_E_1 for Tennis Nov 2020 #9
This has nothing to do with faithless electors Recursion Nov 2020 #11
Stop, Just stop Willto Nov 2020 #16
But there is a chance that the Trump Kool aid takers will act ....... UCmeNdc Nov 2020 #20
I don't care if US laws matter to Trump Willto Nov 2020 #22
How would this work when Congress certifies the elections in December? ck4829 Nov 2020 #19
At which point the contested states do not count towards the total Recursion Nov 2020 #23
This almost happened in 1960, Hawaii originally certified Nixon as the winner but Kennedy won ck4829 Nov 2020 #25
I think honestly this is the more likely course; a state self-nullification Recursion Nov 2020 #28
They're not going to... brooklynite Nov 2020 #21
The Republican party suddenly found a sense of shame or respect for norms? (nt) Recursion Nov 2020 #24
Well what about the Martians? Willto Nov 2020 #27
You were around for the past 4 years, right? (nt) Recursion Nov 2020 #32
Exactly, a cornered rat is going to lash out, gab13by13 Nov 2020 #29
some GOP'ers do have some honor, to defy the will of the people is an act of war beachbumbob Nov 2020 #26
Add Wisconsin and Arizona to that list... jimlup Nov 2020 #31
And Georgia (nt) Recursion Nov 2020 #33
In order for that to happen, state legislatures would have to change their own election laws In It to Win It Nov 2020 #34
Or, simply ignore their own election laws Recursion Nov 2020 #36
If they ignore their own election law, that's where I think the Supreme Court would actually rule In It to Win It Nov 2020 #38
Which 5 justices do you think would rule against them? (nt) Recursion Nov 2020 #40
All 9 would. marie999 Nov 2020 #43
I'm basing my argument on the conservative justices own opinion In It to Win It Nov 2020 #45
There's no evidence that suggests Repub legislators in MI will go along with that. Kaleva Nov 2020 #35
Let's see what 3 weeks of full-bore Fox News pressure does to them (nt) Recursion Nov 2020 #37
Fox News is even saying there isn't evidence. Kaleva Nov 2020 #52
This article was written by David Mikkelson of Snopes, gab13by13 Nov 2020 #39
Exactly. People are saying "but that would be illegal!" as if the past 4 years didn't happen (nt) Recursion Nov 2020 #41
I don't care that 5 members of the Supreme Court would like to do it. marie999 Nov 2020 #44
It's not going to happen. Turin_C3PO Nov 2020 #46
Exactly. In fact I think that is a big part of the strategy to decoy us from focusing on GA. honest.abe Nov 2020 #48
The doom fantasies are getting old. SlogginThroughIt Nov 2020 #49
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