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30 Oct, 5 tweets, 2 min read
Not only is the theory that giving powers to the legislature preempts judicial or executive interpretation of their enactments abject idiocy nobody argues in any other context, changing the rules 4 1/2 days before an election is indefensible
In my view, the theory that in election law giving power to the legislature preempts judicial and executive action is extremely stupid. But more to the point IT'S NOT THE LAW. 8CA GROSSLY abused its authority to try to steal an election. lawyersgunsmoneyblog.com/2020/10/8th-ci…
The main source for Republican judges deciding voting rights cases appears to the the jurisprudence of Nicky Santoro
Minnesotans have put ballots in the mail based on the promise that they would be counted if postmarked before Nov 3. 8CA is threatening to disenfranchise them if it can help Trump. It's obscene.
When GOP elites say "but muh judges" to justify abjuring any oversight of Trump, stuff like "lawless decisions robbing people of their votes to steal elections" is what they have in mind. Take their ill-gotten gains and leave them with nothing to show lawyersgunsmoneyblog.com/2020/10/the-ri…

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More from @LemieuxLGM

Scott Lemieux Profile picture
30 Oct
Meet Steven Grasz, the Trump stooge who was one of the two judges who produced (but had enough residual shame to refuse to put their names on) yesterday's lawless 8 CA last-minute election theft ruling civilrights.org/resource/oppos… Image
How atrocious was this ruling? My colleague Paul explains, and he doesn't even get to all of the ways in which it is indefensible! lawyersgunsmoneyblog.com/2020/10/purge-…
1)Despite the assertions by the court that is standing up for the prerogatives of the Minnesota state legislature, literally nobody representing the state government is objecting to the consent decree to count the votes: Image
Read 6 tweets
Scott Lemieux Profile picture
29 Oct
Writers from all points of view from contrarian libertarian to Trump lackey can come together and agree that applying editorial standards [to attempted smear jobs of Democratic candidates] is censorship
And...scene.
The comedy keeps escalating
Read 6 tweets
Scott Lemieux Profile picture
29 Oct
Two ideological allies stand up for the the sacred inalienable right to be paid $500,000 a year to write an unreadable anti-anti Trump blog with no editorial oversight whatsoever lawyersgunsmoneyblog.com/2020/10/dont-l…
Who will stand up for the violent sex pests running for the Kansas state legislature? Who will launder Rudy Guilaini ratfucking ops so ridiculous reporters at a Rupert Murdoch tabloid won't touch them? Who will start writing about DRONES again on January 21, 2021?
"I am subscribing to the substacks of Glenn Greenwald and Matt Tabibbi, the only journalists on the left bold and adversarial enough to tell the truth: that Donald Trump is just fine"
Read 4 tweets
Scott Lemieux Profile picture
28 Oct
Alito is much smarter than Kavanaugh, so he worded it in technical legal language rather than loosely re-wording Donald Trump's Twitter feed, but make no mistake: he's also threatening to steal the election if it's close
Describing throwing out ballots cast legally under the rules in place at this time in the most likely tipping point state as a "modest remedy" is absolutely definitive Sam Alito
Also, Alito's argument here -- that the Constitution giving power to the legislative branch in the first instance preempts state judicial review to ensure that state election law is compliant with the state constitution -- is ludicrous, intelligence-insulting bullshit.
Read 8 tweets
Scott Lemieux Profile picture
28 Oct
It would be less scary if this argument wasn't recently barfed into the U.S. Reports by an Associate Justice of the Supreme Court of the United States
Again, Republicans in WI and PA are demanding that ballots requested and sent in a timely manner arriving after Nov 3 not be counted in the ostensible name of determining a quick winner, AND refusing to allow ballots to be counted before Election Day. It's not subtle.
The idea that a court with Brett Kavanaugh as the median vote has any legitimacy at all to be protected is laughable. He announced, in print, his intention to help the president who appointed him steal the election, and whether it ultimately works or not is beside the point.
Read 4 tweets
Scott Lemieux Profile picture
27 Oct
Biden making a late play for Georgia is smart and consistent with a tipping-point-state-focused approach lawyersgunsmoneyblog.com/2020/10/sweet-…
1)The tipping point state for the White House isn't the only one that matters. Control of the Senate is almost as important, and Georgia has two open races in a context in which Senate races are heavily nationalized.
2)The openly signaled possibility for a Kavanaugh Koup changes the tipping point calculation. An election that comes down to one state is a LOT risker than one in which Biden has a cushion. You'd really like the snake to get at least 2 or 3 states north of the line: Image
Read 4 tweets

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