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Holger Hestermeyer Profile picture
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10 Nov, 13 tweets, 4 min read
US Election law case to watch: Republican Party of Pennsylvania v. Boockvar. What is it about? (Short thread)
Originally this was a case by the Democratic Party filed in Pennsylvania. In the case the Pennsylvania Supreme Court granted a three-day extension of the absentee and mail-in ballot received-by deadline, so that ballots mailed by 8pm election day shall be counted where valid /2
The case was decided September 17, 2020. The majority opinion of the Supreme Court of Pennsylvania is here: /3 electioncases.osu.edu/wp-content/upl…
An application for a partial stay of that judgment was not successful. /4 electioncases.osu.edu/wp-content/upl…
An application for a partial stay was filed with the US Supreme Court. My cursory reading is that this only concerned a presumption for non-postmarked ballots stating that if they arrive by the deadline they are (in principle) presumed to have been mailed on time.
The application is here electioncases.osu.edu/wp-content/upl…
The application was denied (Thomas, Alito, Gorsuch, Kavanaugh would have granted it) electioncases.osu.edu/wp-content/upl…
So the case continued in a more regular manner before the Supreme Court (a motion to expedite was denied) Here's the petition for a write of certiorari electioncases.osu.edu/wp-content/upl…
Here's the denial of the motion to expedite, penned by Alito electioncases.osu.edu/wp-content/upl…
This is the case in which Alito ordered the segragation of all ballots received after 8 pm on Nov 3. electioncases.osu.edu/wp-content/upl…
Here's an excellent overview over the various documents filed in the case and judgments/order by the election law project of Ohio State (they also cooperate with @SCOTUSblog ) electioncases.osu.edu/case/pennsylva…
And here of course what everyone will be most interested in: CAN THIS FLIP PENNSYLVANIA?

Answer: NO. (The number of affected ballots is believed to be between 3000 and 4000. The were separated even before by order of the Pennsylvania Sec) thehill.com/regulation/cou…
h/t @HenryTanguy

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More from @hhesterm

Holger Hestermeyer Profile picture
8 Nov
A quick add-on on foreign policy: I feel the years of Trumpism have made us forget how foreign policy works. Under Trump the facade was all about whom he likes. Friends or enemies. Black or white. And that became the focus of reporting. That's not normal. /1
Take the Obama presidency: When Obama was running in 2008 Angela Merkel refused to let him speak at the Brandenburg gate and let the site be used as background for electioneering. And yet - Obama worked with her in the interest of the USA. And things changed. /2
Or take Merkel: When her phone calls with Trump became unbearable she did not start leaking stuff to embarrass Trump. She limited access to her phone calls to not put German-US relations at risk. /3
Read 7 tweets
Holger Hestermeyer Profile picture
8 Nov
What does a Biden administration mean for Brexit Britain? Allow me to join those who give an optimistic assessment. I fear those giving a negative assessment have bought into a false Trump narrative. (Thread)
The worry at the core of their argument though is not unfounded. Trump repeatedly expressed sympathy for Brexit. Talked about great things to come. Biden does not share this belief system and some reports indicate he associates Johnson with Trumpism. BUT
Look at the reality of Trump's trade policy. He did not hide it. Not for a second. America first. And he saw trade as transactional. Which means that peculiarly the very fact that Britain might gain from a trade agreement for him would have been an argument against it.
Read 13 tweets
Holger Hestermeyer Profile picture
5 Nov
Brexit reminder: Time is running out for timely EP ratification. Whereas in the UK treaty scrutiny knows an override (sect. 22 CRaG 2010), the European Parliament actually has to approve a treaty. What does this mean and what would be a proper strategy here? /1 @davidmcallister
There is a cutoff point after which the EP won’t be able to do meaningful work if ratification is to take place before the end of the year. @berndlange , the head of the trade committee, has made that clear. /2
One of the problems here is that this deadline is not one fixed by law. But that does not change that you cannot scrutinise a 1000 page agreement in a day. So how best to proceed? /3
Read 6 tweets
Holger Hestermeyer Profile picture
2 Nov
Reread this nice text on the importance of the UK in the international trade system, written by John Jackson, History, in Wolfrum/Stoll/Hestermeyer, WTO - Trade in Goods: "One person in particular must be singled out for his influence on the evolution of GATT: … /1
Sir E. Wyndham White, a British citizen who was the chief administrative officer of the UN group that provided services for the drafting conferences of the ITO and GATT. He became the first GATT "executive secretary", a post he held (…) until he retired in 1968. … /2
Although he was careful to give the appearance of playing the role of a typical international civil servant, that is, to be neutral among all parties and to avoid the appearance of taking initiatives that should be left to Members, Sir Eric nevertheless …
Read 4 tweets
Holger Hestermeyer Profile picture
2 Nov
The election lawsuits in the US are in full swing. The Hotze lawsuit concerns the legality drive-through voting in the wake of covid. Curiously the lawsuit already failed in Texas state courts. Now it is in federal courts. 1/2
Which again goes to show: a rather significant number of those emphasising states rights do not care about federalism at all. They care about the end result. They only refer to states rights where it furthers their cause 2/2
The Texas Supreme Court decision is available here txcourts.gov/media/1449868/…
Read 5 tweets
Holger Hestermeyer Profile picture
30 Oct
An important reminder that concepts of democracy differ in detail (though the last sentence fails to acknowledge this). Some examples (thread)
The UK has a monarch and a House of Lords. Not viewed as democratic in some other countries. But unproblematic in the UK system.
The Swiss system is often viewed as a model for democracy because people think of referendums. Not necessarily my ideal - but preferences differ there. One element nobody outside of Switzerlands understands is the Zauberformel.
Read 6 tweets

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