Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Bruce Campbells Chin

There was a fairly recent Texas Supreme Court case, Pressley v. Casar, involving a challenge to an Austin city council election. The challenger lost in the trial court and the court of appeals, and appealed to the Texas Supreme Court. But while the case was pending in the Texas Supreme Court, the winner was re-elected and his new term had already begun. The Texas Supreme Court dismissed the case as moot, because a challenge to an official’s election becomes moot when the official’s term expires.

It is hard to see how the exact same principle would not apply to a challenge of the appointment of a presidential elector after he has voted. The only way around it is to ignore, as many do, the distinction between a state’s appointment of electors and the actual presidential election. It is clear that Trump’s own lawyers understood, though, that their challenges would become moot some time between the “safe harbor” date and January 6.


99 posted on 07/19/2021 7:52:48 PM PDT by The Pack Knight
[ Post Reply | Private Reply | To 84 | View Replies ]


To: The Pack Knight
At the barest minimum, you'd need the Supreme Court to endorse such a move, and that's just not going to happen. A state reversing/decertifying electors in between the time they are certified and the Electoral College vote would be a different question. But once the EC is voted, it seems no different than would a member of Congress deciding a month after a bill passed that he should have voted differently, and expecting that to repeal the law after it was already signed.

The Electors have voted, and one state deciding after the fact that it changed it's mind isn't going to change that.

104 posted on 07/20/2021 7:50:33 AM PDT by Bruce Campbells Chin
[ Post Reply | Private Reply | To 99 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson