A couple of interesting developments. Whether they go anywhere remains to be seen:
Eight More States Join the Texas SCOTUS Case
https://redstate.com/streiff/2020/12...s-case-n291313
Texas is suing Georgia, Michigan, Pennsylvania and Wisconsin over the constitutionality of there elections. Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, & South Dakota have all announced that they will be joining Texas in the suit. More to come perhaps.
Elections undecided by midnight (on election day) are void & preempted by federal law – Foster v Love (1997; 9-0 Supreme Court Decision)
https://yournews.com/2020/12/08/1956...ight-are-void/
This 2nd article is quite a long article but the author's conclusion is:
Not sure if Texas et. al. will bring up the Foster v Love decision but the advantage of this approach is that it does not require establishing election fraud. It is simply a question of legality/constitutionality of the elections with a 9-0 precedent to consider. And legal conflicts between the states go directly to the Supreme Court. They do not have to pass through lower courts.
Of course Supreme Court may simply decline to hear the case. I think the USSC has docketed a response on December 10th which I assume they will decide on whether or not they will hear the case.
BTW, Alan Dershowitz, while giving Texas an A+ for creativity, doesn't think this gambit will work.
Eight More States Join the Texas SCOTUS Case
https://redstate.com/streiff/2020/12...s-case-n291313
Texas is suing Georgia, Michigan, Pennsylvania and Wisconsin over the constitutionality of there elections. Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, & South Dakota have all announced that they will be joining Texas in the suit. More to come perhaps.
Elections undecided by midnight (on election day) are void & preempted by federal law – Foster v Love (1997; 9-0 Supreme Court Decision)
https://yournews.com/2020/12/08/1956...ight-are-void/
This 2nd article is quite a long article but the author's conclusion is:
Reading Foster v. Love, together with the 9th Circuit’s analysis in Voting Integrity Project v. Keisling, we know that consummating an election before federal Election Day is prohibited, and that early voting is not prohibited, as long as the election is finally consummated on Election Day. If that be the case, then statutory construction makes it obvious that elections consummated after Election Day are preempted by the federal Election Day statutes.
It’s crucial now that this argument gets to the United States Supreme Court. Multiple State elections failed to consummate their elections on Election Day and are now void. There is no election. The State Legislatures have exclusive plenary authority to determine the manner in which the presidential electors shall be appointed. But their road will be so much smoother if the Supreme Court voids the elections first. This strategy gives another pathway to a true Constitutional resolution.
It’s crucial now that this argument gets to the United States Supreme Court. Multiple State elections failed to consummate their elections on Election Day and are now void. There is no election. The State Legislatures have exclusive plenary authority to determine the manner in which the presidential electors shall be appointed. But their road will be so much smoother if the Supreme Court voids the elections first. This strategy gives another pathway to a true Constitutional resolution.
Of course Supreme Court may simply decline to hear the case. I think the USSC has docketed a response on December 10th which I assume they will decide on whether or not they will hear the case.
BTW, Alan Dershowitz, while giving Texas an A+ for creativity, doesn't think this gambit will work.
Comment