“Yup, Donofrio was saying that in the summer of ‘08.”
No he wasn’t. Donofrio didn’t say or do anything until late-October 2008. He tried filing a lawsuit a few days before the election, and I think he started blogging after the election.
Definitely not true. His first TWO blogs got kicked off the host site -- and he has had trouble keeping his work online ever since.
Maybe it wasn't summer when I started reading him, but it was at least early fall.
I know because I remember thinking there was plenty of time, a few months, before the election to straighten it out and get it before the SCOTUS.