RE: #1
They have to abide by the election laws they've already passed that spell out the election process. Can they change those laws? Of course, but not by decree.
But that's exactly what the Governor and the state court did. Where's the outrage?
RE: #2
If the state legislatures really have this absolute power why haven't any ever exercised it before?
It's an emergency use of power. It hasn't been needed before because the opposition hasn't been as brazen before, and politically it would have been a risk before. This time, the legislature would be acting to prevent Pennsylvania from potentially being excluded from the Electoral College, which is their Constitutional obligation.
I've posted before that the Democrats count on the Republicans to be reticent to act boldly, and they use this against Republicans to push boundaries in the way of their agenda. This is a perfect example of that.
Republicans have historically used "worst case analysis" to talk themselves out of acting on the presumption that the worst case will be the case that comes to pass, so why bother? I say that the game is to keep the ball in play because one never knows what will happen until the clock runs out. The outcome is guaranteed if the Republicans concede with time left.
That's where we're at today. It's time for the Republicans to stake out the claim that they have the Constitutional power to set Elector selection law, and the court had no jurisdiction to change their laws. The PA GOP needs to argue this to SCOTUS, that the court encroached on their power - not that the court ruling was changing election law while the election was already in progress. Make the Democrats go on the defensive to justify their usurpation of legislative power.
-PJ
No, the PA Supreme Court ruled that the changes were legal and supported by the free and equal elections provision in the PA constitution.
We may not agree with their reasoning but it's hard to imagine any state supreme court saying it's OK for the legislature to flatly ignore existing law and unilaterally decide how to choose electors without going through the constitutional process.
If the PA supremes said the legislature could do it then we would have an analogous situation.
It hasn't been needed before because the opposition hasn't been as brazen before, and politically it would have been a risk before.
So in 230 years no legislatures of any party decided to use this incredible power? Color me skeptical.
It's time for the Republicans to stake out the claim that they have the Constitutional power to set Elector selection law, and the court had no jurisdiction to change their laws.
Sorry, but I think the notion that a legislature can unilaterally create laws in contravention of the constitution that created it is nuts.