I’m sorry, but again, the governor of PA is a democrat. This theory always breaks down when we get to the point where the law appointing an alternate slate of electors gets to his desk where he instantly vetoes it.
As far as I understand it, there is no law that they’re passing, so there’s no veto in play. They appoint the slate and then he can choose to appoint a competing slate and then they both go to Congress. There’s no way for anybody to stop them from doing this if it’s really what they want to do.
They would have to pass a law though. Because current PA law says the winner of the vote gets the slate. Like I get confidence in the courts is low but the point has to be at least arguable. A scenario where the ballots all spontaneously combust so PA passes a law letting them appoint an alternate slate is at least arguable if not actually possible. But the idea that rhe legislature just has some inherent power to appoint its own electors in direct contravention of PA law is ridiculous. The constitution leaves it to the states, not the state legislatures. The state of Pennsylvania has three branches of government. The only way for them to even arguably send another slate would be to pass a bill.
I’ve been told by Hannity and Tucker that trucks full of bricks will just appear when needed.
How confident are you that this will go the Democrats’ way if this results in a court case over a disputed election result that goes all the way to a SCOTUS that has the Nefarious ACB on it?
I have a brick patio. You can pull them up for free.
They would have to pass a law though. Because current PA law says the winner of the vote gets the slate. Like I get confidence in the courts is low but the point has to be at least arguable. A scenario where the ballots all spontaneously combust so PA passes a law letting them appoint an alternate slate is at least arguable if not actually possible. But the idea that rhe legislature just has some inherent power to appoint its own electors in direct contravention of PA law is ridiculous. The constitution leaves it to the states, not the state legislatures. The state of Pennsylvania has three branches of government. The only way for them to even arguably send another slate would be to pass a bill.
This says they might not need the governor to sign off and there’s a precedent for two slates of electors being sent.
The US Constitution says the state legislatures have this power, thus it is debatable whether they would need the governor’s approval to change state law.
So let’s say the State legislature refuses to send any electors or appoints Trump electors after a Biden win, claiming that fraud makes Trump the actual winner.
Now Biden sues the Pennsylvania state legislature and it goes to the Supreme Court. How confident are you that we win?
I’m not at all.
From Article II of the US Constitution:
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 Congress
I’m pretty confident Alito, Thomas and Barrett tell us to go fuck ourselves. That leaves Gorsuch and Kavanaugh and we need one of them… And I don’t even think Roberts is a slam dunk on this one.
As I said before most of these legislators are small time fish and I dont think they will all be willing to put it all on the line just for trump. I dont think they’re willing to stage a coup just for him to win. There isn’t much in it for them personally and at the end of the day Republicans are all scumbags and selfish.
If they cheat it’s going to be to toss mail in ballots which would help all Republicans including those in congress.
I think they will sue to stop counting. I highly doubt they do this legislator shit.
That said I’m definitely worried this supreme court will rule in favor of stopping the count. At that point I’m ready to fight.
I’m wondering about a scenario similar to the Compromise of 1877. What sort of legislative concessions would Pelosi and Schumer offer to Republicans to stave off a constitutional crisis and have an uncontested Biden presidency? How scared are you of what they might give away?
most of these legislators are small time fish and I dont think they will all be willing to put it all on the line just for trump
lolol this would be their Rudy moment. They’ve been fantasizing for years to roll some electoral coal all over them libs.
Ohio’s state legislature is absolutely batshit enough to go this route. I assume several other states are as well. How many times have we seen these state legislators make ridiculous power grabs when their party loses a governorship or State Supreme Court seat. At least North Carolina and Wisconsin off the top of my head.
If it looks like a close loss for Trump, look out. This needs to be a landslide.
If Ohio gets to this point Trump has already lost. No way he loses the actual Ohio vote wo getting crushed in MN WI PA MI NC AZ.
Come on NY Mag, do better. We’re supposed to be the educated side. Grrrrr…
McGinty hit the breaks.
How confident are you that this will go the Democrats’ way if this results in a court case over a disputed election result that goes all the way to a SCOTUS that has the Nefarious ACB on it?
I mean, it depends what the case is. If the case is “the state legislature just made up that they have the authority to send electors and pass a law without the governor signing it” even though that is a bedrock principle of our form of government, then yeah, I’m pretty fucking confident that goes nowhere. Again, there are ways that this goes south, but all those ways involve ballots not getting counted for some nefarious reason, and then a stacked court ordering the counting stopped. None of those ways involve a legislature passing a law that can’t be vetoed by the executive with no basis in the constitution or law just because.
Yeah PA GOP state reps are bonkers too. They had positive COVID tests and kept showing up and didn’t tell any Dems.