Posted on 11/22/2020 8:06:19 AM PST by where's_the_Outrage?
In the end, the blizzard of lawsuits from President Donald Trump’s campaign will amount to nothing beyond a megaphone for disinformation about the integrity of the 2020 election. As destructive as the president’s attempts to undermine democracy are, the most lasting damage to America’s election system is likely to come instead from a series of Supreme Court rulings that appear perfunctory but actually could restrict voters’ rights for years to come....
Until these rulings, federal courts across the country had generally responded to the pandemic by expanding voting access, applying well-established legal doctrines to evaluate burdens to voting rights under the Constitution. Their decisions mainly allowed more voters to take advantage of mail voting and to have safe ballot drop-off and voting locations. Election officials adapted their systems accordingly, and voters requested and received ballots in keeping with the new procedures....
Second, and even more dangerous, five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable. This previously discredited theory, which was first articulated by three justices in one of the cases concerning the 2000 presidential election recount in Florida, could insulate most anti-voter laws—from arbitrary voting restrictions to burdensome registration requirements—from constitutional review by federal courts.
(Excerpt) Read more at msn.com ...
This statement just shows the ignorance of the Politico reporters. Here's what Article II of the U.S. Constitution has to say about it: "President of the United States of America ... be elected, as follows: Each State shall appoint, in such manner the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; ..."
You're not missing anything and it means what it says.
When I absolutely need to know the truth, I never turn to Politico. I will be assured that I get the opposite from them.
Second, and even more dangerous, five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable.
--from Politico [Emphasis on brand new is mine]
I don't consider 1787 to be brand new...but hey I am just a deplorable nobody, not like a real honest to God Leftist "journalist".
—Constitution was signed in 1787...typo in my comment changed 8 to a 9
Ever since Trump’s attorneys gave their big presser on Thursday, the Trump haters went from pretending to pity Trump supporters for thinking we still have chance, to acting quite testy.......and right on cue, the weak kneed pearl clutchers start howling that “Powell better put or shut up PRONTO”
The media could have just ignored the presser, just like they ignored Rudy’s presser two weeks ago.....so instead of worrying about whether or not Powell has sufficient evidence, I’m more focused on how the media and Big Tech are reacting to Trump’s team.....the fact that Facebook changed Biden’s page from “President Elect” to “Politician” is more evidence that things are moving in the right direction
We need to take a step back and see the forest for the trees..... Trump getting elected 4 years ago is the beginning of a new political movement.... We have to expect that the powers that be are going to do everything in their power to stop this movement in its tracks..... they didn’t get their Blue wave this year, And regardless of what happens, the truth will come out about this election fraud, and all the dirty Republicans who were in on it....this battle is important, but the war is more important, and our enemies are now facing an uprising that was 50 years in the making....we’ve only just begun to awaken and fight
Weiser and Weiner. You can’t make this shit up.
Indeed don’t they know it’s the news media who make the law.
>>>...responded to the pandemic by expanding voting access...<<<
So flagrant vote fraud is “expanding voting access”.
Both the Constitution and US Code Title 3 Chapter 1 refer to "legislatures" when setting election law.
Article II Section 1
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
12th Amendment
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed...
3 U.S. Code § 1 - Time of appointing electors
The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.
3 U.S. Code § 2.Failure to make choice on prescribed day
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
3 U.S. Code § 3.Number of electors
The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.
3 U.S. Code § 4.Vacancies in electoral college
Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote.
3 U.S. Code § 5.Determination of controversy as to appointment of electors
If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.
The state legislatures make the law regarding the selection of Electors to the Electoral College. In most cases, the legislatures solely "direct" the manner of selecting Electors as laid out in Article II Section 1. Only in the cases of 3 U.S. Code §4 and §5 for filling vacancies and resolving controversies in the electoral college, does the law say simply "by law," which implies the ordinary legal process of passing a bill and having the governor sign it.
This is not "arbitrary," "unreasonable," or "brand new legal theory."
-PJ
I believe the Supreme Court will be interested in fraud (A) to the extent it demonstrates that the safeguards provided by the legislature were sensible and should not have been disregarded by the Executive and/or state or lower-level federal courts; and, (B) it is reasonable to believe fraud effected the outcome of the election.
For Pennsylvania, where Biden won by a bit more than 70,000 votes; (B) might be satisfied with lists totaling several 10,000 dead and moved voters, to go along with the already large number of provisional in-person, election-day ballots that undid fake mail-in ballots; and, the lack of observers for signatures and other safeguards against fraudulent mail ballots.
The circumstances in Wisconsin and Georgia are different, but Biden’s winning margin is smaller.
Then there is Michigan, a big state that Biden won by 3 percent or a bit more than 150,000 votes. It boggles the mind that Detroit could have fabricated that many votes. My goodness!
I suspect there is little room for remedy.
Perhaps the Supreme Court could declare the vote void in those states where the outcome of the election cannot be determined because of possible fraud and the unconstitutional conduct of the election, and authorize the legislatures of the state. Perhaps this includes: GA, MI, NV, PA and WI. I assume the Democratic legislature of NV votes for Biden, and the Republican legislatures of GA, MI, PA and WI votes for Trump. Trump absolutely needs the first three, and - with the first three - Wisconsin would be redundant.
By ‘radical’ they mean “following the constitution”
They are afraid ... very afraid.
a megaphone for disinformation about the integrity of the 2020 election.
I like your style !
So much fun for the voting rights act of 1965.
Had to look that one up.
I do not trust SCOTUS in the least when it comes to this election.
And for the love of all that's holy, stop interacting with the leftist media. No questions, no interviews, nothing.
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