Posted on 12/10/2020 6:33:56 AM PST by SeekAndFind
Time is running out for the presidential election of 2020. Texas Attorney General Paxton filed a lawsuit directly to the Supreme Court charging that Michigan, Pennsylvania, Georgia, and Wisconsin have violated the Constitution. Now 17 other state Attorneys General have joined the suit. This is the only reasonable path for Donald Trump to get a hearing before the Supreme Court. It is not certain that the Court will take the case, nor that it will rule in a favorable way for Trump. But a Solomonic solution is possible.
Chief Justice Roberts has altered his interpretations of the Constitution since he justified Obamacare under federal taxing power. He would not want his Court’s legacy scarred and attacked by the media and Democrats as was the Rehnquist Court in 2000 in Bush v. Gore. The media declared that the Court selected G. W. Bush as the president rather than the people by halting the Florida Supreme Court’s interference in the selection of Electors. Therefore, he would implore the other Justices to rule in a way that moves toward unanimity. This is possible.
The Constitution grants the exclusive power to choose Electors in the state legislatures via Article II Section 1. In McPherson v. Blacker (1892) Chief Justice Melvin Fuller writing for the majority ruled that the legislature of Michigan does not surrender its plenary power. Further in Chiafalo v. Washington (2020), the Court unanimously ruled that the states can bind Electors. The 2000 Gore case reaffirmed the role of the legislatures. So, there is clear precedent, and this Court would likely reaffirm the legislative power of the states in choosing Electors.
(Excerpt) Read more at americanthinker.com ...
There is some political wisdom in arguing against these four states. Their legislatures are Republican controlled, though three governors are Democrats and Georgia’s Republican governor is not inclined to intervene.
The total of the electoral votes of these states amount to a number that could change the outcome of the election, so there is significance in any decision. Further in theses swing states there is evidence of fraud or irregularities that could alter the result in which Biden was declared the winner.
The Court has original jurisdiction under Article III Section 2 to hear the case. This would allow a decision before Dec. 14 when Electors meet to vote. Safe harbor day has now passed so new lawsuits appear unlikely.
Several lower court judges have refused to hear cases which would speed the movement through appellate courts and to the Supreme Court. Rudy Giuliani had sought to have the legislatures of several states intervene to overthrow the questionable elections in the swing states that Trump had won in 2016. Now there is a vehicle for this possibility.
The most likely result is that the Court will rule that Texas does not have standing to sue other states.
I think in order to give clear direction to the states, the Court would have to find the states acted unconstitutionally in the handling of ballot extensions, mail-in ballots, etc.
Otherwise, nothing changes. The Court would have to declare the acts unconstitutional and then kick the remedy back to the state legislatures.
This would allow the legislature to select their own slate of electors.
King Solomon might slice the nation into 2 sections.
Let Biden reign over the Blue States.
Let Trump reign over the Red States.
Put the blame right where it belongs: on the four states.
They are responsible for invalidating their own election results, by their actions alone.
You want to participate in presidential elections? Then don’t cheat.
RE: The most likely result is that the Court will rule that Texas does not have standing to sue other states.
THAT is the lazy and cowardly way out. If the results of 4 states affect the entire UNITED STATES ( We are still the UNITED States I hope), of course Texas and the other 18 states that are joining the suit have standing.
Or perhaps we can bring Biden, Trump and Hunter Biden all together in one room, slice Hunter in half and give one half to Joe, one half to Donald and let that be the resolution.
People also need to stop saying POTUS got 74,000,000 votes. That’s only the number that got registered. It doesn’t count the millions that got switched to Biden.
Wishful thinking. If the Supreme Court takes this case then regardless of who they decide in favor of, the other side is going to believe that the Court acted based on politics and not the law, that they chose the President, and the the idea of the court being an apolitical institution will be dead. That's just the way it is. Bush v. Gore on steroids.
That is what I am hoping.
From the article:
“ If the Court ruled that these states handled the election incorrectly, they could have the legislatures in these locations decide the outcome.”
States do not need the Supreme Court to make that decision. They might, however, appreciate the excuse to do so.
I doubt that the Court would ignore the wishes of a full third of the states (it ain't just Texas). Hopefully a few other AG's will grow spines and that number will increase.
Roberts would vote to dismiss, saying that the legislatures of the defendant states have the ability to select Electors if they so choose.
The more likely order will be to send it to the House, where each state has 1 vote.
Trump "should" prevail in that case.
A different prediction: The Supreme Court will refuse to hear the case on grounds that any remedy should be left to the various state legislatures.
And then those four state legislatures, all nominally Republican controlled, will huff and puff and allow the “will of the people” to go forward, with fine words about how they’ll fix this in the future.
That’s what God did to Isreal. 2 kingdoms, one for Judah/Benjamin and one for the Northern tribes. Note: there was not one good king in the eyes of God that ruled the north.
Put the blame right where it belongs: on the four states.
They are responsible for invalidating their own election results, by their actions alone.
You want to participate in presidential elections? Then don’t cheat.
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Sort of agree, but really is the state or should the SCOTUS be saying...democrats, you want to participate in elections, don’t cheat. Invalidate the election results entirely along with the electors.
I believe Trump joined the suit. Trump has standing in spades.
He would cut Biden in half....one half to the communist of his party and the other half to the extreme communist in his party!!
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