THREAD: I finally had a chance to read @AndrewCMcCarthy piece on electors and disagree but in a very "nuanced" way. nationalreview.com/2020/11/no-sta… 1/
2/ My take is here: thefederalist.com/2020/11/19/sta… From a legal perspective, I disagree that the statutes must be "overturned" or that the governor would need to sign anything. Article 2, section 1, clause 2 gives legislature sole authority & case law states as much. BUT
3/ That doesn't mean a court might not interpret it differently. (Although it sounds like Andy concedes in the piece it may be possible.) BUT I also am not suggesting the legislatures override the will of the people as express by the popular vote.
4/ I don't advocate that. BUT I do advocate the legislatures owning this mess and determining if popular vote "tally" IS the popular vote, and investigate fraud and violations of election code. AND based on the findings vote. Frankly, absent clear evidence, I wouldn't expect
5/ the legislature to do anything different BUT to state the findings & problems and "own" it by passing new laws. But the legislatures have as much or more interest and authority. And there are problems. thefederalist.com/2020/11/19/sta…
6/ And as a Michigan resident who finds the affidavit & statements by Detroit poll watcher very credible, I want to know if I was disenfranchised by double and triple counting of votes. Maybe evidence & numbers mean tally isn't popular vote & then they should act accordingly.
7/7 That is not overturning the will of the people--but following it. And I believe the plain language of the constitution provides for that and have yet to see an explanation of why it doesn't. Of course w/ respect & admiration for Andy as always. END
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