Where?
There were judicial and executive decisions to address the pandemic - and the question is whether those decisions were legal and consistent with the law.
The Texas lawsuit is based around a supposedly âtextualistâ interpretation of the Electors and Elections clauses:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the CongressâŚ
âŚinterpreting âby the Legislature thereofâ as exclusively by the Legislature thereof - and that any actions taken by the Executive or the Judiciary inconsistent with a strict reading of the text is illegitimate.
This interpretation is contrary to both precedent and an actual textual reading of the Constitution - but there are Justices on the Supreme Court now who have signaled their openness to such a reading.
But itâs not going to happen in this Texas case. It might come up before the next elections, though.
SCOTUSblog is only reporting the case.
In the wider context of the Kavanaugh-Gorsuch-Barrett-Alito urge to ârestoreâ non-delegation and end intelligible principle, might they take it, or is this too shoddy a vehicle?
As @TheDoctorIsIn stated, one can make any accusation one wants.
Proving it is a different manner.
Election officials have practiced discretion for some time in executing the election laws the state legislature enacts. Proving that their acts of discretion actually change the intent of the laws as written is not as simple as making the accusation.
Not only that, the constant pushing for a remedy of a redo is not consistent with the rules of, harm must be definitively mapped to someone who was harmed and someone who did the harmâŚbut the remedy must actually address the harm to the individual.
Itâs why Judge Brann threw out the case of the ballot curing.
He did not deny that legit voters who had their ballots tossed without an opportunity to cure were harmed.
But the person that harmed them wasnât the SoS or election officials in other counties that allowed voters in those counties to cure ballots. No the people that harmed them were election officials in their own counties that didnât allow such curing.
And a remedy for someoneâs vote being taken away is NOT to take away the votes of 6.8 million other people.
These remedies are ridiculous on their face because of this.
Too shody a vehicle, with way too much baggage.
What is this utter nonsense.
Saw this one coming a mile off.
A signal as to where SCOTUSâ collective head is at right now.
Trump gonna be pissed his appointed flunkies arenât showing their gratitude right now.
You know they could have saved a lot of words and just said: âScrew the vote of the people, anoint Trump now!â
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.
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.WW, PSHS
Trump is a guy who will exploit every possible loophole to his advantage. He will push the legality of everything to the limit. I bet he asked his lawyers to find every possible way to reverse this election - no matter how crazy or farfetch.
Why isnât texas suing itself? Gov Abbott extended early voting, and county clerks like Harris set up drive through voting.
Other states also changed their rules.
This in my mind will factor into SCOTUSâ decision to not take this up.
Itâs obvious this is politically motivated.
Other states also changed their rules.
This in my mind will factor into SCOTUSâ decision to not take this up.
Itâs obvious this is politically motivated.
With Ted Cruz involved? Noooooo.
Good for Texas! Well done!
Yeah what harm could POSSIBLY come from overriding the electoral college?
Governors have historically had wide discretion during declared emergencies?
Almost unchecked.
They took it?
paxson is angling for a pardon. not only has he been indicted for stock fraud the FBI is investigating him for bribery.
hes cheating on his wife with a woman in a real estate development office and he did favors for the developer . 5 whistle blowers complained and he either fire them or made them resign
https://www.newsbreak.com/news/2104678991328/fbi-investigating-texas-attorney-general-ken-paxton-ap-sources-say
No, they havenât taken the case yet.