'Inexplicable': Alito and Thomas Dissent as Supreme Court Strikes Down Pennsylvania Election Lawsuit [More]
I'm sure if we looked hard enough we could find an explanation.
[Via Michael G]
Monday, February 22, 2021
Today's Adventure in Baselessness
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4 comments:
"And thirdly, the code is more what you'd call "guidelines" than actual rules. Welcome aboard the Black Pearl, Miss Turner." -- Barbossa in "Pirates of the Caribbean"
Dismissed as moot, because Trump conceded the election??? I don't remember Trump conceding the election.
There's a common theme among many of the rulings on Trump's fraudulent election suits best expressed in the AZ suit where the judge said, among other things:
"they sought a remedy that she was unable to provide"
https://www.azmirror.com/2020/12/09/judge-skewers-gop-lawsuit-to-throw-out-az-election-citing-total-lack-of-evidence/
Which raises a question. Even if a Federal election of the President is blatantly fraudulent, or illegally conducted, where does it say that a court can order the election to be done over? And if no court can order a "do over", can ANY court provide a remedy?
So are all suits alleging a fraudulent or illegal Presidential election doomed before they are ever filed?
As I've said before, I'm not a constitutional scholar, nor do I play one on television. But after a few readings of Article II, section 1, clauses 2 - 4, any judge who tried to call such a "do over" would create a hairball that might involve the state legislature, the Congress, and the Supreme Court.
Given the language of Clause 4: "The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States" and the way the equal protection clause of the 14th Amendment was applied to the Florida recount in Bush v Gore where SCOTUS ruled a do over in one county required a do over in all 67, a do over in one state might very well require a do over for the whole country.
Wouldn't that be fun?
I can't imagine having something like that being the highlight of my judicial career!
"And if no court can order a "do over", can ANY court provide a remedy?"
At the absolute least, they could give us the hangin's.
Call it "equity."
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