Very cool, 4Liberty! DOUBLE PING!
A simple way of understanding the Supreme Court’s dilemma in the Texas case. Sound, sober reasoning — and humor at the same time.
OH MY GOD THAT’S AMAZING. Reply #11
It needs to be a stand alone post... 4liberty can you post it? Or liz or poconopundit? All freepers should have a change to see this ...
Pookie...
OH MY GOD THAT’S AMAZING. AND FUNNY! Reply #11
It needs to be a stand alone post... 4liberty can you post it? Or liz or poconopundit? All freepers should have a chance to see this one...
Pookie?
4th option - This is not an option I want, I would prefer the Court issue the injunctive relief of striking illegal ballots, but I think we may see this option. Court issues declaratory judgments indicating where the Constitution was violated, preventing these practices from occurring in the future, but does not issue the injunctive relief of barring the counting of improper votes on the basis of reliance interest. Legislatures would arguably have a basis for issuing their own slate of electors and Congress would fight it out over which they will accept. For those who say legislatures can’t issue a slate without the certified results being invalidated, well that is a question of state law at first, then federal law, and an issue of first impression considering the Court has never issued declaratory judgments holding that state election administration was unconstitutional. Now that these ballots are illegally cast, but technically still stand because of reliance interest, that may change how state law views the ballots and the certifications could perhaps be undermined. The states first, then the Congress and perhaps again the Court would have to hash that out. I could see state courts invalidating certification after being humiliated by the Supreme Court. Very often the US Supreme Court will issue rulings and remand cases for final resolution in a lower court. That is essentially what would be happening here.
I do not see the Court granting a sweeping victory right off. They would give half a loaf and it would be incremental.
I’m curious if any of those states were under an Emergency Declaration by the Governor due to pandemic?
If so, does the declaration allow for changes to election?