Just Some More Thoughts

The Texas lawsuit is, by any rational standard, an absolute joke. 

Its statistical analysis is flawed beyond belief; it raises issues that have already been adjudicated in both state and federal courts; it makes the unbelievable claim that Texas has standing to tell other states how to conduct their elections and the Supreme Court has the right to disenfranchise millions of Americans because Texas, and the states that have signed on, didn’t get their way in the last election. 

But perhaps the craziest thing is the implication that election officials were so good at enabling fraud that the fraud is undetectable and that’s evidence of fraud.

Can you spell Catch-22? 

So why am I worried that the SCOTUS will hear this case? 

Wisconsin made the point that just giving this case a hearing will cause incalculable damage and it will. Because giving it a hearing will be taken as a sign that the court believes the case may have some merit.

The court cannot delay ONLY the electoral voting of the four states named because the Constitution CLEARLY requires the voting to occur on the same day. 

"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

I suppose it could order a hearing Saturday or Sunday via video. But then it would have to rule almost immediately.

If the court tried to delay the electors voting it would be violating Article II, Section 1 of the Constitution quoted above because Congress decides "the Day on which they shall give their Votes."

If the court tried to change that the states (or the electors) would be within their rights to tell the court to fuck off and vote anyway.

If the court directs the legislatures to choose the electors they would again be in violation of the Constitution Article II, Section 1 because that decision is up to the legislatures who have already decreed the choice is to be made by popular vote.

"Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress"

Again, the states (or the electors) would be within their rights to tell the court to fuck off and vote anyway.

Now, perhaps the states (or electors) would obey the court but I don't see why. So we've got all the makings of a Constitutional crisis here as well.

I don't get it. Then again I'm not a judge or a lawyer so I guess I'll just have to wait and see.