RR Phantom
Location : Wasted Space Job/hobbies : Cayman Islands Actuary
| Subject: The Texas Election Challenge and Its Discontents Fri Dec 11, 2020 5:23 pm | |
| SCOTUS will anger a lot of people either way, so why not just follow the law?
On Monday, Texas Attorney General Ken Paxton filed a lawsuit directly with the Supreme Court alleging that Georgia, Michigan, Pennsylvania, and Wisconsin ignored statutes enacted by their legislatures in violation of the U.S. Constitution’s Electors clause. The lawsuit further accuses these states of violating the 14th Amendment’s Equal Protection clause by using more favorable criteria in determining the validity of votes cast in Democratic districts, citing the Court’s 2000 ruling in Bush v. Gore, which prohibited differential standards for ballot tabulation. Despite being written off as a publicity stunt by the defendants, the Court docketed the case and gave them until Thursday, December 10, at 3 p.m. to file responses.
Meanwhile, Texas has been joined in the effort by 18 additional states and President Trump. As with every case Republicans take to the Supreme Court, the usual chorus of progressive “experts” has inevitably characterized Texas v. Pennsylvania as devoid of merit and a potential threat to the republic. Richard L. Hasen, a University of California law professor and CNN contributor, provides the following sophisticated argument: “What utter garbage. Dangerous garbage, but garbage.” Stephen I. Vladeck of the University of Texas Law School provides an equally cogent critique: “It looks like we have a new leader in the ‘craziest lawsuit filed to purportedly challenge the election’ category.”
The legal reasoning these people use to support such Solomonic wisdom is a little thin, of course, but it always is when Republicans — particularly President Trump — seek redress. The most ironic charge leveled at the Texas lawsuit, and others challenging the 2020 election results, is that it somehow undermines the electorate’s faith in the democratic process and their trust in our government. This is pretty rich considering the antics of losers like Hillary Clinton and Stacey Abrams. Indeed, the former famously advised Joe Biden that he should not concede defeat on the night of the Nov. 3 election. One wonders what exactly she knew when perusing this summary of the lawless activity listed in the Texas complaint:
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