A thought exercise for constitutional scholars: the logic of Kavanaugh et al is that the Constitution gives state legislatures supreme authority to choose electors; that state courts cannot check the legislatures over state constitutional violations. Correct? 1
If we follow that logic, there are two conclusions I draw. First, if federal courts use it to invalidate ballots received, say, after election day when state courts have said they are OK, that should only apply to presidential votes, not votes for Congress or other offices. 2
The Constitution does not give state legislatures supreme authority over any other choices in elections than electors. Second, the logic, if followed, means the Supreme Court has no authority to override decisions on elections and voting in all federal elections by Congress. 3
The delegation of authority over federal elections is as clear cut in the Constitution as the authority of state legislatures over the selection of electors. So if we follow the logic of Bush v Gore as applied by Kavanaugh, we can disregard Shelby County, among other decisions!
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