Jay Kuo Profile picture
22 Nov, 9 tweets, 2 min read
(Cont’d) ...rational for counties to adopt notice and cure. All Plaintiffs have alleged is that Secretary Boockvar allowed counties to choose whether to do so. No county was forced or not forced to.

And even if Plaintiffs could show there was some kind of unequal law.../1
... at work, the remedy they were asking for—disenfranchisement of all the OTHER county’s votes—is far too broad. A court has to either “level up” or “level down” to fix an equal protection claim. Level Up means to grant the benefit that was wrongly denied. The simple.../2
... answer here would be to count their votes. But plaintiffs are not asking for that. They are asking for a LEVEL DOWN, which is to invalidate everyone else’s votes. And THAT remedy would result in an even greater violation of the Constitution. It’s like if Plaintiffs were..../3
... trying to get into a club because their tickets were invalid, and demanding that the whole club be shut down and everyone inside asked to leave, even though they all bought their tickets properly. Not going to happen.

Finally, the court notes that Trump poll watchers.../4
were not treated any differently than Biden poll watchers, and so they have not stated any kind of claim. And with respect to their citation of Bush v. Gore, the question there was whether a state court with the power to assure uniformity.../5
... in a recount had done so without minimal procedural safeguards. That isn’t what’s at issue here. In fact. Bush v. Gore explicitly stated that “[t]he question before the Court is not whether local entities, in the exercise of their expertise, may develop.../6
... different systems for implementing elections.”

My strong belief is that this opinion is unassailable, even on the initial standing question. It would be very hard for any higher court to find that plaintiffs were actually injured by the other.../7
... counties, and not their own. And it would be impossible to find that the redress requested actually fits the injury, once you understand the low stakes of their claim. This is a terrible case for the Trump campaign to hang its hat on, and they must know.../8
... that but are either afraid to tell Donald, or are pursuing it just to keep their base motivated and donating.

Certification will proceed Mon. The appeal may be filed in time or not, but the 3rd Cir will uphold the ruling, and I’m not even sure SCOTUS will grant cert. /end

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More from @nycjayjay

22 Nov
I received a number of inquiries concerning whether the PA federal court case that was dismissed with prejudice yesterday can or will find its way up to SCOTUS on appeal. This is a long thread, but worth reading in its entirety if you want to fully understand... /1
...what’s going on and why I and other legal minds feel no anxiety over an appeal.

First, let me emphasize that ANY federal court case at the trial court level can be appealed. That will happen here. First, Trump will go to the Third Circuit (where he will lose) and then.../2
... he will appeal it quickly to SCOTUS. For the reasons I will walk through below, he will also lose there.

I want to further emphasize that I share concerns that SCOTUS is partial to the GOP and a Trump administration, in much the way the court was partial... /3
Read 25 tweets
19 Nov
Many of you have read the admittedly concerning NYT article discussing how President Trump has now summoned the leaders of the Michigan GOP controlled House and Senate to the White House, and that they have accepted that invitation. Here’s why we shouldn’t freak out. /1
The fear is, somehow the GOP is going to undo the will of the electorate citing alleged but as yet unproven fraud as the reason to appoint their own set of electors for Michigan. This plan, though bold, faces significant and likely fatal hurdles. Let’s walk through some. /2
First, as the attached screenshot of Michigan law shows, the process by which presidential electors are selected was established by statute back in 1954. The legislature does not have some magical power to appoint... /3
Read 13 tweets
19 Nov

Trying to imagine what the outcry from Republicans would be if two Black, Democratic canvassing board members tried to stop white, rural counties’ votes from being certified because they have suspicions about how the votes there got tallied.

The fact is... /1
...EVERY place where this B.S. is going on is a black voter stronghold. Philadelphia. Detroit. Milwaukee. When Trump and the GOP say they only want “legal” votes counted, what they are dog whistling is they only want white votes counted. Why else would Monica Palmer... /2
... agree to certify all the communities EXCEPT Detroit, which had a better accuracy in its poll books than a white area outside Detroit did?

While it’s amusing to see Rudy Giuliani crap himself... /3
Read 5 tweets
18 Nov
The GOP members of the Wayne County board of canvassers have refused to vote to certify the results in that county, throwing the final election processes into a bit of turmoil. So what happens next? /1
In MI, the duty of certification of the Wayne County vote now passes to the State Bd of Canvassers, which is half GOP and half Dem by law. The certification is a mandatory process that is supposed to be ministerial in nature, and not involve discretion by the board members. /2
The Secretary of State has already indicated that she believes her office, under the Bureau of Elections, should conduct the canvass, as is traditionally done in such circumstances. /3
Read 6 tweets
14 Nov
The TikTok kids are posting pictures of pancakes to overwhelm the #MillionMAGAMarch hashtag. I made scallion pancakes this morning, so here’s my Chinese American contribution!

2 cups flour (I prefer bread flour)
1 tsp salt
3/4 cup boiling water
1/4 cup cold water
4 scallions, chopped
6 tbsp vegetable oil (I use peanut but canola is fine)
2 tbsp toasted sesame oil

Mix together flour and salt. Add boiling water and mix until dough is shaggy. Add 1/4 cup cold water and bring dough together. Knead on floured surface around 3 minutes until smooth and elastic. Place in bowl and cover with damp towel for 30 minutes. Mix together vegetable oil...
Read 7 tweets
13 Nov
Last night in a speech to the Federalist Society, Justice Alito bemoaned the loss of “religious liberty” and cited same-sex marriage as an example of how the religious right and freedom to hold religious views are under attack. In this, he deliberately... /1
misreads the intent of the 1st Amendment guarantees of religious freedom. So let’s review:

The text of the 1st Amendment begins, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...”

It’s critical.../2
...to note that there are two parts here, the part against “establishment” of a religion AND the part prohibiting laws preventing free exercise of a religion. The first right is commonly known as the “Establishment” clause, and the second is... /3
Read 9 tweets

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