Wednesday, December 09, 2020

The Fall of the Republic 12/9/2020

The AGs of Alabama and Louisiana say they want to join the Texas lawsuit. Trump has called it "the big one" and says that he will "intervene" although no one is quite sure what that means.

Does this lawsuit have any chance? Most experts say "no." I hope they're right but I can't help this nagging feeling that everything up until now has been misdirection and that this lawsuit was always intended to be the only one that mattered.

And it certainly does matter. If the SCOTUS rules as Texas is asking Trump will win the election either due to electors selected by Republican legislatures or because it goes to the House of Representatives where Republicans hold the majority in a state by state vote.

I keep going to Rick Hasen's Election Law Blog to read why this lawsuit has no chance but I still have this nagging feeling in the back of my head.

Will the other states stand for the SCOTUS essentially stealing the election from the voters? I hope not. Unfortunately we would be on the third step of "Ballot Box, Jury Box, Cartridge Box."

Update: Seventeen red states, Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia, have joined Texas in this lawsuit.

This has now gone from comical to terrifying.

Update: Assuming the Texas gets dismissed as it should, expect a serious attempt by Republicans to disrupt the vote count on January 6th. This often happens when one or two crazy Representatives object but Senators usually decline to get involved (you need one Representative and one Senator to object).

This is where the Safe Harbor comes in. If at least one Representative and one Senator objects then each house votes independently on the objections. If they split then, as long as there is only one set of electors, the certified electors from the state are counted by default.

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