Alan Dershowitz Says Supreme Court May Rule to Let Legislators Pick Alternate Electors

Epoch Times ^ | 12/07/2020 | Tom Ozimek

[DoodleDawg]

They don’t need SCOUTS permission. The State Legislatures already have constitutional authority to act here, as Rudy Giuliani rightly pointed out.

I think what Dershowitz is referring to is the fact that there is already a slate of electors chosen in every state. Any legislature that then selects a competing slate of electors is certainly going to be challenged and it will certainly wind up before the Supreme Court.

[babble-on]

Pervert ought to be in prison.

[libertylover]

Punting it back to the state legislatures is great way to say - “it’s not my responsibility to decide ... here, you decide it!”

I've been advocating this for some time. Also, if it's legal, the state legislatures could then punt to the House of Representatives by agreeing to make the Electoral College vote come out as 269-269. This way, SCOTUS doesn't make the final decision, the state legislatures don't make the final decision, and no one is "disenfranchised" because everyone has a representative in the House.

[Brian Griffin]

The $tate legi$lator$ are expecting a Democratic Congress/Biden law to hand out trillions to states.

You’ll be able to wallpaper your walls with $100 bills by the time Harris retires to California.

[Pontiac]

https://www.foxnews.com/politics/dershowitz-supreme-court-georgia-election-challenge

[Brian Griffin]

I believe tomorrow is the last day for judicial action with respect to electors according to another post.

[SeekAndFind]

RE: How many of the contested states have ‘Pubbie legislatures, and now many of those legislatures have the guts to certify for President Trump?

You asked two questions.

I can answer the first question. Here they are - the 6 Battleground States:

Pennsylvania : 20 Electoral Votes

Pennsylvania Senate has 28 Republicans to 21 Democrats
Pennsylvania Assembly has 113 Republicans and 90 Democrats

See here: https://en.wikipedia.org/wiki/Pennsylvania_General_Assembly

Michigan : 16 Electoral Votes

Michigan Senate has 22 Republicans and 16 Democrats
Michigan Assembly has 58 Republicans and 52 Democrats

See here: https://en.wikipedia.org/wiki/Michigan_Legislature

Georgia: 16 Electoral Votes

Georgia Senate has 35 Republicans and 21 Democrats
Georgia Assembly has 103 Republicans and 75 Democrats

See here: https://en.wikipedia.org/wiki/Georgia_General_Assembly

Wisconsin: 10 Electoral Votes

Wisconsin Senate has 19 Republicans and 14 Democrats
Wisconsin Assembly has 63 Republicans and 35 Democrats

See here: https://en.wikipedia.org/wiki/Wisconsin_Legislature

Arizona: 11 Electoral Votes

Arizona Senate has 17 Republicans and 13 Democrats
Arizona Assembly has 31 Republicans and 29 Democrats

See here: https://en.wikipedia.org/wiki/Arizona_State_Legislature

Nevada: 6 Electoral Votes

Nevada’s legislature is controlled by Democrats so, you can kiss the 6 electoral votes here goodbye. See here:

https://en.wikipedia.org/wiki/Nevada_Legislature

As for the second question: ow many of those legislatures have the guts to certify for President Trump?

I can’t answer that as I do not have a windows into their collective minds.

[SeekAndFind]

RE: Pervert ought to be in prison.

Who you calling a pervert and what’s your evidence?

[proust]

Fake news! He kept his underwear on!

[bigbob]

There is no remedy after the fact if they allow a fraudulently elected president to be installed.

[RedMominBlueState]

Not necessarily.....

[max americana]

John “Im a fag and a NAMBLA boy-lover controlled by Soros” Roberts was assigned the bluest of blue districts in DC. There’s no need to “overturn” anything there and that’s why Alito, Gorsuch, ACB, and Thomas were assigned WI, Ga, Pa etc.

[Robert DeLong]

Thank you. I can't imagine that Alan Dershowitz doesn't know that the state legislators do not need the Supreme Court's stamp of approval.

Problem is getting the state legislators to do the right thing. They act as if they are complicit in the steal, and perhaps that's because they are.

[JME_FAN]

Soap Box
Jury Box
Ballot Box
Cartridge Box

Three of the above “boxes” have been made null and void ...
Guess which one is now our sole option for redress of grievance?

[KevinB]

Punting it back to the state legislatures is great way to say - “it’s not my responsibility to decide ... here, you decide it!”.

That is what I expect will happen if it gets to SCOTUS. Unfortunately, the Republican legislators in those states aren't worth a bucket of spit.

[Jim W N]

Corrupt state legislatures.

Some think that’s why this thing will end up in SCOTUS...

...and Trump will win.

I agree with that.

[Jimmy The Snake]

Statue of limitations on Election theft is very short.

[Boise3981]

The U.S. Constitution Art. II, Sec. 1, Cl. 2 authorizes the state to “appoint, in such Manner as the Legislature thereof may direct” the electors. They don’t need SCOUTS permission. The State Legislatures already have constitutional authority to act here, as Rudy Giuliani rightly pointed out

The Constitution also gives Congress the ability to set the date of elections. They did so for 11/3, they also set safe harbor date as 12/8, and the electoral college vote for 12/14.

So if a state legislature overruled the election from 11/3, or appointed new electors after 12/8, or after 12/14 THEN we've got a conflict between constitutional powers (the legislature's ability to pick electors and Congress's ability to set the dates of the election). And THAT conflict needs resolving by SCOTUS.

No one doubt's the legislature's supreme ability to choose the method of appointing electors. But can they change their mind after an election? After safe harbor? After the electoral college votes? That's a tougher question. What Dershowitz is talking about

[Boise3981]

Electors have to be accepted and approved by congress before the winner becomes president-elect.

Electors have to accepted and approved by congress before the winner becomes president.

According to the Presidential Transition Act of 1963, all you need to do to be "president-elect" is demonstrate that it's likely you will eventually be president.

[Boise3981]

So if SCOTUS says that legislatures can seat whatever electors they want despite the certified results, then that puts it back into the hands of the legislature. So at that point our only hope is with the spineless GOPe.

Thanks to the constitution, elections are an exclusive state problem. There's no real federal role here (unless there's some kind of equal protection/civil rights problem).

So Trump's solution always had to come from the state level; State courts, state supreme court, state legislature, state secretary of state, state governor, etc... details vary based on state.