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In reply to the discussion: I think people are missing the threat. The Trump campaign doesn't need to prove anything to a court [View all]BlueMTexpat
(15,699 posts)12. I don't think
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 Levins 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 publics vote. Whatever else that result would say, it would certainly not communicate that [w]e the people rule.
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 Levins 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 publics vote. Whatever else that result would say, it would certainly not communicate that [w]e the people rule.
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I think people are missing the threat. The Trump campaign doesn't need to prove anything to a court [View all]
Recursion
Nov 2020
OP
It's not me you need to convince of that, it's 5 Justices of the Supreme Court (nt)
Recursion
Nov 2020
#10
OK, which 5 justices do you see voting against a legislature-selected slate in PA? (nt)
Recursion
Nov 2020
#18
Rheinquist based it on the plenary power of state legislatures over the elector selection process
Recursion
Nov 2020
#17
I believe PA leg has indicated several times that they will not be doing this
SomedayKindaLove
Nov 2020
#3
This almost happened in 1960, Hawaii originally certified Nixon as the winner but Kennedy won
ck4829
Nov 2020
#25
The Republican party suddenly found a sense of shame or respect for norms? (nt)
Recursion
Nov 2020
#24
some GOP'ers do have some honor, to defy the will of the people is an act of war
beachbumbob
Nov 2020
#26
In order for that to happen, state legislatures would have to change their own election laws
In It to Win It
Nov 2020
#34
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
There's no evidence that suggests Repub legislators in MI will go along with that.
Kaleva
Nov 2020
#35
Exactly. People are saying "but that would be illegal!" as if the past 4 years didn't happen (nt)
Recursion
Nov 2020
#41
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