Fair point but...
“Cruz is proposing going back to a solution prior to the Electoral Count Act of 1887, when a process was put in place.”
That legislative ‘solution’ is, of course, beneath the Constitution.
But does it serve as the proper response in the case of the 2020 election? is the question.
How they cheated a hundred years ago is not how they cheat now.
Of course the Dems can’t allow any such questioning.
But I think most of America feels that way.
.
In addition, back in 1876 the states in question set up rival administrations, each sending their own electors. Although there have been 2 results sent from the states in question, I believe that THE state has certified only one result. Much different situation than 1876.
I'm still not convinced that what has occurred since 1876 would be set aside to return to this solution. Nor do I think the Throckmorton decision is a guarantee that the SC may rule in favor of President Trump. The SC has been known to reverse its own decisions. However, none of us are lawyers, and if all lawyers agreed, we wouldn't be in this situation, would we?