Is the Judicial Review Allowed Only After the Electoral College Vote?
Judge Alsup wrote, “Mechanisms exist under the Twelfth Amendment and 3 U.S.C. 15 for any challenge to any candidate to be ventilated when electoral votes are counted, and the Twentieth Amendment provides guidance regarding how to proceed if a president elect shall have failed to qualify. Issues regarding qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted in Congress. Therefore, this order holds that the challenge presented by plaintiff is committed under the Constitution to the electors and the legislative branch, at least in the first instance. Judicial review � if any � should occur only after the electoral and Congressional processes have run their course.” Timing is everything… you maybe the only one able to raise an “objection”
Re-reading it, I note it references the 20th Amendment, which answers the question “if O is disqualified, what then?” indicating the current answer is: Biden acts as President until either the House chooses someone, or March 4th arrives.
I wish I possessed the legal smarts to untangle
the meaning of that. Hope someone can explain
if there’s any validity to this as a possible
option.
I read it(not sure I undertand it all though).
Question: What ‘congressional processes’ must ‘run their course’ before the judiciary can weigh in?
That is where this issue sounds like it will die. The dems in control are not going to allow the congress to touch their messiah.
I am in a bit of a pessimist mood this morning, so forgive me. Our country has been taken over by a bunch of Chicago thugs and media marxists!
Yes, I read it. I posted it the other day. But, the last sentence isn’t true. The qualifications can, and should, be challenged before the Electors convene...in the States. The Constitution does not say it When a State fails in it’s duty to protect the citizens, then the SCOTUS MUST act.
Which they have failed to do. Now, we will have a crisis if 0bama is inaugurated without this matter being settled, and then, at some later date, it comes to light that he is unqualified.
If a sitting President is found to have been unqualified for office at time of election, then every action and decision that President has made or taken must be undone.
If he is found, after being sworn in, to be unqualified, that the Vice-President becoming the President isn’t automatic, that Congress can intervene and make an appointment. They can also vote to keep the illegal bastard in office, as well.
We’re screwed.