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1) You should cite where the federal government has authority over state-run elections. 2) You should also explain more clearly why you think it could be ratio
by mike00632 6y ago
1) You should cite where the federal government has authority over state-run elections.
2) You should also explain more clearly why you think it could be rational to discount the decisions of state courts which rule on the laws passed by the state legislature on the basis that they aren't the state legislature... That is like saying the Supreme Court shouldn't have a say over how Federal laws are applied. It's their entire job.
And all this is ignoring the idea that the legal system ought to represent the democratic will of the people and the institutional processes they put in place, whether it's via upholding the laws of the legislature or the vote.
- jcranmer 6y agoJust to be clear, I believe that Texas' argument here is complete and total bullshit, and I do eagerly await seeing the reply brief for an epic teardown of the arguments, as SCOTUS likely will deny the leave to file without explanation of why it is doing so.
- mike00632 6y agoOk, and I just want to continue to point out that there are various legal standards a case must meet before proceeding towards a victory and the mere existance of the case is not one of them. People today, 9 December 2020, keep citing this particular case because we are currently living in the hours of human history where it is not thrown out of court so they would like to say the matter is unsettled, as if there won't be yet another frivolous lawsuit tomorrow when this one fails. The matter is settled legally and this lawsuit doesn't seem to open any questions. I really want to end this comment with, "let's see what the courts have to say," to seem amicable but my point is that the courts already have weighed in on this many times.