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posted ago by beefpuff ago by beefpuff +19 / -1

My theory is that Trump is pushing Pence to ignore his role as defined in the ECA of 1877 and toss the electors of disputed states. Academic paper below suggests the ECA of 1877 will not legally hold up when challenged. This would trigger a contingent election, one vote per state, trump wins. Biden's only recourse would be an emergency SCOTUS case, which he will get btfo'd 5-4.

"Unlike the hopes of Thomas Jefferson,213 a candidate engaged in a heated dispute over a state’s electoral votes cannot be assured of an orderly or predictable process during the Electoral Count because the ECA’s procedural mandate strips each House of Congress of its procedural authority, unconstitutionally countermanding the text of the Rules Clause.

Some might believe that an unenforceable law is better than no law at all.214 However, in the context of resolving a contested presidential election, an unenforceable law inevitably leads to chaos since candidates and their surrogates215 will not hesitate to challenge the validity of a 117-year old statute that is facially unenforceable. A strong procedural framework seen to be fair and known to have teeth is the best prophylactic against chaos."

ON THE UNENFORCEABILITY OF THE ELECTORAL COUNT ACT

http://rutgerspolicyjournal.org/sites/jlpp/files/Land_Schultz.pdf

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beefpuff [S] 0 points ago +1 / -1

that means trump is an idiot and we are all screwed, lol

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deleted 1 point ago +1 / -0