So when SCOTUS invalidates the election in the four swing states for violating the constitution they will almost certainly just order the legislators from each respective state to send the electors of their choosing. If the states wouldn't stand up for Trump before, how do we make sure they wont just go for Biden again to avoid Antifa or because they thought it was a fair election?
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Thats a contingent election and its possible thats how they could rule but I believe that the court will prefer allowing the state legislature to pick.
SHOULD
I have high doubts they will.
Faggots all
I am still digging through the precedent on this, but it is likely they will be forced to pick along party lines, as they are if the Federal Legislature decides. So these being red states as in majority republican in their legislatures that is how it would go. But we are in uncharted territory. If SCOTUS decides the votes are invalid in those states (nullifies the popular vote), then it would make no sense to allow the state legislators to slate electors based on that vote.
We have been in similar territory before, in the 1800's. But nothing nearly this extreme. And since it is the NEW legislature that would decide the election if it fell to them on January 6, we absolutely need a senate republican majority to be on the safe side of things. We need those GA republican senators at the moment, so if it does go to a party line vote we are covered regardless.
This entire election is invalid regardless, due to Foster v. Love. Every state that did not finish counting by midnight on Election day is in violation of federal law and that SCOTUS decision, which was a 9-0 decision.