Tuesday, December 08, 2020

TX Throws An Electoral Hail Mary...Or Does It?

Y'know...actually...this argument sounds pretty goddamn reasonable to me--even though I'm inclined to be against its conclusion:
“The Texas motion and supporting brief are well-drafted and make a plausible case–importantly, one that, if accepted, does not require extensive fact-finding into alleged voter fraud. Reduced to its essentials, the motion alleges 1) that under the Constitution’s Electors Clause, state legislatures have plenary authority over appointment of each state’s electors; 2) that in each of the defendant states, non-legislative actors (e.g., the Secretary of State) unconstitutionally changed the rules governing this year’s election without legislative approval or ratification; 3) that these changes favored some voters over others, in violation of the Equal Protection Clause; and 4) in each state, the number of ballots that were counted pursuant to unconstitutional changes in election procedures exceeds the margin of Joe Biden’s alleged victory.”

Imagine the blue meltdown were the Supremes to find for the red team here...as...well...kinda does sound like the reasonable thing to do now that I see the argument laid out like this... But I am NAL, of course, and haven't even read the actual document. I mean, I am inclined to think that PA screwed the pooch, and inclined to think that maybe the state legislature should intervene there... But I have to admit even greater ignorance about the other states. 

If this were to happen, it seems like it'd be the Dems' fault for fucking around with the elections...or so it seems from a largely-ignorant distance...rather than the Pubs' fault for calling them on it. But the details matter, of course. And I haven't been swimming around in them like I normally would.

Hm. I've been sliding toward seeing all this as more-or-less settled...but that's largely out of exhaustion and laziness. And, of course, out of unwillingness to see the reds really go balls to the wall on this...all of which, I guess, the blues may be counting on.

I suppose I've got to go with a firm I don't know on this one.


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