If SCOTUS moves forward with the Texas lawsuit and rules in its favor giving back the Constitutional power of the legislators to choose the electors, which I take to be the bottom line of the whole exercise. With that being said what legal Avenues are available if the Republican legislators in these four states choose to send the Biden electors anyway? Now I understand the principle of putting the pressure on your legislators, but in light of current events with the Giuliani testimonies and the resistance shown by some of the Republican legislators we are still not guaranteed a positive outcome. I'm simply trying to keep an open minded view of all potential outcomes and the Avenues of relief for this shitshow show we're currently experiencing.
posted ago by Romanfun61
+8 / -0
If SCOTUS moves forward with the Texas lawsuit and rules in its favor giving back the Constitutional power of the legislators to choose the electors, which I take to be the bottom line of the whole exercise.
With that being said what legal Avenues are available if the Republican legislators in these four states choose to send the Biden electors anyway? Now I understand the principle of putting the pressure on your legislators, but in light of current events with the Giuliani testimonies and the resistance shown by some of the Republican legislators we are still not guaranteed a positive outcome. I'm simply trying to keep an open minded view of all potential outcomes and the Avenues of relief for this shitshow show we're currently experiencing.
Comments (14)
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Insurrection Act.
America is a banana republic. What's legal doesn't matter. The only thing that matters is strength.
SCOTUS and the legislators will side with whoever they fear is going to be more violent if it loses.
For the supreme court to rule in that manner, they are essentially saying there is enough evidence such that the states that favored Democrat cities over Republican, etc. did likely cause Biden to win when he would not have otherwise. I don't think they would take action unless they saw it as a big enough issue.
So then the pressure on the Republicans is enormous. Here's the supreme court signalling that this election was fraudulent and lllegal in their states, plus the whole republican base of voters. If they still went with Biden then I think they'd have a massively angry mob on their hands and they won't likely be able to return to work again.
No. That would not necessarily be the basis of a favorable SCOTUS ruling.
The main thrust of the TX suit is based on the Electors Clause. There are backstop arguments about Equal Protection and Due Process.
A favorable ruling based on the Electors Clause, which I think to be the highest likelihood of success, need not be based on any claims of bias or fraud; non-legislature actors changing rules for any reason would be enough.
I get that, I am just not sure the court would create that situation unless they truly believed there was a large enough issue. In a normal circumstance, I could see them ruling strictly as a matter of law. But an election? I don't know. I am confident they will rule in Texas' favor, but only because the issue truly is that large and any sane person can see what happened.
In other words the Democrats and the Deep state pukes will have created a nation of mob rule, whoever has the larger mob rules. When Donald Trump sworn in on his second term I hope he goes scorched-earth on all those bastards.
See here first. https://supreme.justia.com/cases/federal/us/522/67/
If the civilian courts and legal system fails, the military can over.
See ex parte Milligan
No easy solution here.
No easy solution outside of pray hard and pressure harder. Thanks much for the input.
The Senate can refuse to accept any specific state's electors. If they don't, Pence (as President of the Senate) can.
The state legislatures would be free to send whatever electors they desired.
I would not be surprised if at least one state sent split electors (some for Trump, some for Biden), or decided to send none at all. It is also possible a governor would send Biden electors and a legislature would send a competing group of electors (Electors Clause mandates the legislature’s electors would be the official electors).
so the Texas lawsuit, and trumps lawsuit are two different cases (or arguments). Trumps Argument is that 5 states violated the constitution by not verifying the signatures on the mail in ballots (as well as allowing ballots past midnight) and therefor the election of those states are void (no electors sent) if they cant remove the "tainted" ballots. {if they can then they send the electors based on the local state laws}
the Texas lawsuit on the other hand, is saying that the states non-legislators violated the constitution and by doing so "injured" not only that states voters but Texas voters as well. i'm not sure what Texas is asking for in terms of Redress as i have not really delived too deep in to their case yet.
(3)(per Brickapede2 "The prayers for relief include enjoining election certification, dumping the Biden electors, and requiring the respective state legislatures to meet to choose electors.")
(4) If that is the case then it would force those states to send pro-trump electors to the senate for tabulation. thus the two lawsuits are independent yet similar, they would not be lumped together as the arguments and redress are also different.
edit: fixed typos and slight misinformation Edit2: added (3) and (4) thanks to info from Brinkapede2
Texas lawsuit does not say the state legislatures violated anything. It says non-legislature actors unconstitutionally changed election laws without legislature approval. There are Equal Protection and Due Process arguments, too.
shit, your right sorry brain running on little sleep. do you happen to have the info for what they want as redress?
No worries, man.
The prayers for relief include enjoining election certification, dumping the Biden electors, and requiring the respective state legislatures to meet to choose electors.
This is based in memory from a couple of days ago, and I am a bit sleepy, too.