The Congressional Research Service sent out two different memos telling Congress-critters that it is/was not their place to deal with the eligibility question. The CRS says it was the job of the states to do that.
Sort of blows away Lind’s claim that the issue is a political question, if Congress isn’t even able to deal with it.
Sort of blows away the idea that the certification of the electoral vote says anything about Congress certifying eligibility.
And this is the CRS who is saying this, mind you. Not me. The legal experts advising Congress.
“Sort of blows away Linds claim that the issue is a political question, if Congress isnt even able to deal with it.”
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Your confusion shows no signs of abating, does it?
Congress is certainly able to deal with it, but the available means are different at different times. Congress has the sole power to confirm the vote of the Electoral College, and it did so, unanimously.
Congress has the sole power to impeach, and it is able to exercise it at any time, including right now.
And the Political Question doctrine has been clearly defined in Supreme Court cases like Baker v. Carr, which Judge Lind cited in her ruling.
There’s no point trying to pretend that these questions don’t have answers. They do, even though you may not like them.