define "swallow".Quote:define unlawfully.Quote:
Your libs should have thought about that before they unlawfully changed their laws before the election.
define "swallow".Quote:define unlawfully.Quote:
Your libs should have thought about that before they unlawfully changed their laws before the election.
BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:
They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
You could explain it in other ways.titan said:They need to think long and hard on the Main Street view before going with some overly technical dodge like "don't have standing". That won't fly at all. Most see the SCOTUS something like Catholics do the Pope or a Council -- some kind of real position taking and say on the subject. A decision to not have a decision does not cut it.BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
It will be seen as a bought of gesture, and might even be, with all the talk about Roberts and his past flaky invented decisions.
They have original jurisdiction since from a state, so just use that and take a look at some of the more compelling indicators. Even if they don't overturn the election, ordering changes immediately that change the Georgia runoffs would help, and it would encourage trust of 2022.
Yeah. That is the issue. The Governor of GA is saying that he can't call a special session of congress, because GA legislatures are bound by GA laws about selecting electors, and can't override the vote. They are bound by the election. Texas is saying they are not.FireAg said:BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:
They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
I would think that the best thing SCOTUS could do is tell the states that their respective legislatures need to determine if any fraud occurred, and if they find evidence of fraud and/or broken laws within the state's election process, then they should use their constitutionally-granted legislative powers to appoint electors as they see fit, regardless of the vote...
SCOTUS may go further and advise that if a given state legislature is unable to find a way to assign its electors, then the states have an out and can assign no electors, neither candidate gets to 270, and then SCOTUS may rule that the 12th Amendment may be used (and has been used this way previously) to decide the election for the republic...
They really are epic criminals. Those louts more than any other are responsible for most of the "bad" of this year, and those before. Humpitperyear's suggestion on the TIME thread the award go to them collectively for being most culpable for the years events is very apt.txag72 said:
LOL, so CNN goes from ignoring it all together to "this is the worst time in American history." Geez, you would think they might have been letting the public know how we got here ever since Nov. 3. Nope, it just happened today.
Still won't work.BusterAg said:You could explain it in other ways.titan said:They need to think long and hard on the Main Street view before going with some overly technical dodge like "don't have standing". That won't fly at all. Most see the SCOTUS something like Catholics do the Pope or a Council -- some kind of real position taking and say on the subject. A decision to not have a decision does not cut it.BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
It will be seen as a bought of gesture, and might even be, with all the talk about Roberts and his past flaky invented decisions.
They have original jurisdiction since from a state, so just use that and take a look at some of the more compelling indicators. Even if they don't overturn the election, ordering changes immediately that change the Georgia runoffs would help, and it would encourage trust of 2022.
Lack of standing = it's none of Texas's business how PA runs their elections.
No, those are not the same thing. But they are somewhat similar, and dumbed down in a way people can understand.
The deadline for the four states to respond was yesterday.Tailgate88 said:
Citizens United filed an amicus just this morning. I thought the deadline was yesterday but they keep coming in...
I think that the civil war talk is a little out of touch with reality.aggiehawg said:They do that, they start another civil war.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
And worse, a leader whose party wants to fundamentally "change" the economic system, and more than a little evidence now suggests might even be a Manchurian candidate to the degree of how controlled and compromised.FireAg said:
But if the ineptitude of a state's (or states') election process(es) affects how ALL of the states are to be governed, then that ineptitude of one state disenfranchises other states by forcing all states to live and be governed by a leader who was not legally elected...
Faustus said:The deadline for the four states to respond was yesterday.Tailgate88 said:
Citizens United filed an amicus just this morning. I thought the deadline was yesterday but they keep coming in...
There is no deadline for anyone seeking some pub out of this, or just wanting to have their voice on record. I bet there's going to be a lot more filings from random people and groups up through the ruling.
BINGO.BusterAg said:I think that the civil war talk is a little out of touch with reality.aggiehawg said:They do that, they start another civil war.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
However, depending on how this goes, I could absolutely see some states starting to call for a constitutional convention. There is no way you get to 38. But, if you even get to 20, it creates some real political pressure to start cleaning stuff up.
I agree...and I think SCOTUS will say that the constitution requires the states to get their legislatures involved and given the national nature of the question at hand, it overrides and concerns about "special session" particulars...BusterAg said:Yeah. That is the issue. The Governor of GA is saying that he can't call a special session of congress, because GA legislatures are bound by GA laws about selecting electors, and can't override the vote. They are bound by the election. Texas is saying they are not.FireAg said:BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:
They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
I would think that the best thing SCOTUS could do is tell the states that their respective legislatures need to determine if any fraud occurred, and if they find evidence of fraud and/or broken laws within the state's election process, then they should use their constitutionally-granted legislative powers to appoint electors as they see fit, regardless of the vote...
SCOTUS may go further and advise that if a given state legislature is unable to find a way to assign its electors, then the states have an out and can assign no electors, neither candidate gets to 270, and then SCOTUS may rule that the 12th Amendment may be used (and has been used this way previously) to decide the election for the republic...
If SCOTUS says, well, actually, the right is plenary, then, now you get pressure on the governors to call a special session.
Need 34, and 15 have passed already. This is a possible very good outcome, indeed. I thought close to 20 had passed but maybe this site is a bit outdated (or I was wrong). Mark Levin has been pushing this for a while.BusterAg said:I think that the civil war talk is a little out of touch with reality.aggiehawg said:They do that, they start another civil war.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
However, depending on how this goes, I could absolutely see some states starting to call for a constitutional convention. There is no way you get to 38. But, if you even get to 20, it creates some real political pressure to start cleaning stuff up.
That seems a lot more productive and realistic to me than talk of civil war.titan said:BINGO.BusterAg said:I think that the civil war talk is a little out of touch with reality.aggiehawg said:They do that, they start another civil war.Joseydog said:They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.BusterAg said:At this point, I would be really surprised if SCOTUS didn't address the Article 1, section 2 issues. But, you never know.Joseydog said:I think SCOTUS will dispose of this case on standing. I would not be shocked if all Justices agree that Texas does not have standing.MASAXET said:BMX Bandit said:
thats a standing issue I think Texas will have trouble getting around. From the PA brief:Quote:
First, Texas cannot establish it suffered an injury in fact. An injury in fact requires a plaintiff to show the "invasion of a legally protected interest"; that the injury is both "concrete and particularized"; and that the injury is "actual or imminent, not conjectural or hypothetical." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016). According to Texas, the alleged violations of Pennsylvania's Election Code undermined the authority granted to the Pennsylvania General Assembly under the Electors Clause.8 Motion at 3, 10-11, 13-15. But as the text of the Electors Clause itself makes clear, the injury caused by the alleged usurpation of the General Assembly's constitutional authority belongs to that institution. AIRC, 576 U.S. at 800 (legislature claimed that it was stripped of its responsibility for redistricting vested in it by the Elections Clause). The State of Texas is not the Pennsylvania General Assembly. See Virginia House of Delegates v. Bethune-Hill, __ U.S. __, 139 S.Ct. 1945, 1953 (2019) (noting the "mismatch between the body seeking to litigate [the Virginia House of Delegates] and the body to which the relevant constitutional provision allegedly assigned exclusive redistricting authority [the General Assembly]").
I agree. But when that point has been raised here in the past it was laughed off the stage. We'll see who is right if the court actually addresses it in the denial
However, depending on how this goes, I could absolutely see some states starting to call for a constitutional convention. There is no way you get to 38. But, if you even get to 20, it creates some real political pressure to start cleaning stuff up.
In fact, the 24 joined in this suit should go directly to a joint meeting designed to somewhat blunt or check anything silly from the Potomac if the Democrats steal the Senate.
You get 24 state governments to say, "Nah, we are not outlawing X, or instituting Y teachings" and D.C. has to back off, or find out the hard way if the military is more pro socialist than it is American.
Not sure we can know that for sure, one way or the other...BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
This makes a lot of sense to me, so I want to explore this rabbit hole. Particularly item 1.FireAg said:I agree...and I think SCOTUS will say that the constitution requires the states to get their legislatures involved and given the national nature of the question at hand, it overrides and concerns about "special session" particulars...BusterAg said:Yeah. That is the issue. The Governor of GA is saying that he can't call a special session of congress, because GA legislatures are bound by GA laws about selecting electors, and can't override the vote. They are bound by the election. Texas is saying they are not.FireAg said:BusterAg said:My bet is that this is the most likely outcome. Not sure which way they will rule.Joseydog said:
They may address it as urged by Ohio, but I think the ultimate ruling is that Texas (and the other states) lack standing.
However, this is probably what Texas is really looking for. You need to be seeking relief, so they are looking for an injunction to force the vote to the legislature. That is hugely unlikely. But, if SCOTUS says that legislatures CAN meet and vote on electors, that is a win for conservatives, in my opinion.
I would think that the best thing SCOTUS could do is tell the states that their respective legislatures need to determine if any fraud occurred, and if they find evidence of fraud and/or broken laws within the state's election process, then they should use their constitutionally-granted legislative powers to appoint electors as they see fit, regardless of the vote...
SCOTUS may go further and advise that if a given state legislature is unable to find a way to assign its electors, then the states have an out and can assign no electors, neither candidate gets to 270, and then SCOTUS may rule that the 12th Amendment may be used (and has been used this way previously) to decide the election for the republic...
If SCOTUS says, well, actually, the right is plenary, then, now you get pressure on the governors to call a special session.
SCOTUS again could give them several options:
1. Legislature meets, reviews evidence, and decides if fraud occurred. If it did, on any level, they must throw out the state's popular vote and appoint their electors as the constitution gives state legislatures the power to do.
2. Legislature doesn't meet, and SCOTUS rules that's fine, but then they waive their right to appoint electors, and that state's electors will simply not be counted. No problem. The 12th Amendment cures this if a candidate doesn't get to 270.
3. Legislature meets, finds fraud evidence, but is not able to come to a consensus on how to appoint their electors. Again, no problem. The 12th Amendment cures this if a candidate doesn't get to 270.
SCOTUS doesn't pick the winner in any of these situations...the US Constitution does...
The illegal actions are obvious and can not be denied. The legislature in the states affected should be impeaching the people and courts who perpetrated this corruption.Sarge 91 said:Entering a consent agreement between a Sec of State and a Plaintiff to alter timelines and ballot requirements, without the approval of the legislature.schmendeler said:define unlawfully.Lorne Malvo said:schmendeler said:
if you won't let us disenfranchise 39,000,000 people in four states because we don't like the way that those states ran their elections, it's gonna be civil war!
Your libs should have thought about that before they unlawfully changed their laws before the election.
The state legislators in most of these states are GOP controlled. If they decide the election results are correct. I don't see how anyone on the GOP side could be upset with that.BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
Under that scenario, it would mean the Court sided with Texas and equal protection is still a right for which there is a remedy.BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
RedHand said:The state legislators in most of these states are GOP controlled. If they decide the election results are correct. I don't see how anyone on the GOP side could be upset with that.BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
And there's no guarantee of the result. If you kick over the anthill, its not likely to be rebuilt the same.queso1 said:
I understand that liberty is most important, but I'm not sure that people have contemplated what happen in a civil war. Absolute destruction of the economy. Netflix is gone.Saturday night beers and football are gone. The gluttonous amounts of food we "rely" on are gone. At least one lost generation from education.
Lastly, do you think the leftists are simply going to let this go? Have never studied history and learned what leftists will do to maintain power? They will u leash the full force of the US military upon the revolting states. The complicit world media will not cover the atrocities and will spin the rebels as evil racists, etc.
Are we really ready for this? Maybe people say so, but I don't think so.
At this point, the better solution is to keep electing conservative state and local government.
If the legislatures in a group end up affirming it, I think it will stick.FireAg said:Not sure we can know that for sure, one way or the other...BBRex said:
So if the S.C. kicks it to the four, and the state legislatures decide the election results were correct and sends electors for Biden, do we get civil war? Just trying to figure out all the scenarios.
It takes one person to fire one shot, at the right time, in the right circumstances, for things to spin out of control...
Lexington & Concord...
Fort Sumter...
That one shot can ignite a powder keg...
I'm not advocating FOR it...I'm merely saying that you can't rule it out, and thus the risk is there...
No question, things were manipulated. The statistical aberrations and odd vote-counting shutdowns and the excuses given. But what should anyone expect with closed voting systems? That was a poison pill from the get-go. I think the question is, what degree was the manipulation. The question for the future how do we make elections TRANSPARENT. TRANSPARENCY solves a host of problems. This Country needs trust and validation in its institutions. That doesn't exist, and as long as that is the case, nothing but trouble awaits.aggiehawg said:BMX and I aren't on different sides, we just disagree on the way forward and how to get there. Neither of us know for sure what SCOTUS will or won't do. We both think they won't actually decide the election outcome. How they avoid doing that is the disagreement.Quote:
Actually of all the people I trust regarding the law on this, its is you and Hawg and you are on different sides. Just trying to figure it out but I am not a law guy. I'm a math and software guy and I know that end of things is FUBARed to hell.
I think they use the constitutional exit ramp, even if they have to tap dance a bit on standing (such as they did in deciding Roe v. Wade) and he doesn't.
But since you are a math and software guy and as you said that end of the election is FUBARed, is there any doubt in your mind than the results of the election were manipulated?