@molmccann @SCOTUSblog 1/
This article was written by Tom Goldstein, self-proclaimed "one of the nation’s most experienced Supreme Court practitioners".
This guy did not even mention state legislatures' constitutional rights to pick its Pro-Trump electors.
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This article was written by Tom Goldstein, self-proclaimed "one of the nation’s most experienced Supreme Court practitioners".
This guy did not even mention state legislatures' constitutional rights to pick its Pro-Trump electors.
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@molmccann @SCOTUSblog 2/
If each of the state legislatures and state governor submits a different slate of the electoral college, then the Congress decides which slate to be adopted.
But, since Republicans control the Senate and Democrats control the House, there's a possibility that....
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If each of the state legislatures and state governor submits a different slate of the electoral college, then the Congress decides which slate to be adopted.
But, since Republicans control the Senate and Democrats control the House, there's a possibility that....
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@molmccann @SCOTUSblog 3/
...the two chambers disagree. In this case, VP Pence, in his role as Senate president, could try to throw out a state’s disputed electoral votes entirely (Ned Foley, a law professor at Ohio State University).
The 12th Amendment says...
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...the two chambers disagree. In this case, VP Pence, in his role as Senate president, could try to throw out a state’s disputed electoral votes entirely (Ned Foley, a law professor at Ohio State University).
The 12th Amendment says...
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@molmccann @SCOTUSblog 4/
... "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted"...
The experts don’t even agree on whether there’s a clear answer if some states' electoral votes...
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... "The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted"...
The experts don’t even agree on whether there’s a clear answer if some states' electoral votes...
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@molmccann @SCOTUSblog 5/
... can’t be counted, does that mean that being picked as president requires the same 270 electoral votes as normal, or merely 260 (a majority of the total without Pennsylvania)?
If both candidates cannot get 270, then the House chooses...
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... can’t be counted, does that mean that being picked as president requires the same 270 electoral votes as normal, or merely 260 (a majority of the total without Pennsylvania)?
If both candidates cannot get 270, then the House chooses...
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@molmccann @SCOTUSblog 6/
... the President (1 vote per state = GOP holds 26), and the Senate chooses the VP. Two (2) Georgia senate runoffs are very much important. I'm not sure whether the Senate votes 50-50, then the President of the Senate (=Pence) can vote for his re-election.
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... the President (1 vote per state = GOP holds 26), and the Senate chooses the VP. Two (2) Georgia senate runoffs are very much important. I'm not sure whether the Senate votes 50-50, then the President of the Senate (=Pence) can vote for his re-election.
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@molmccann @SCOTUSblog 7/
Trump win needs the Congress to "discard" at least 37 electoral colleges to make Biden's EC below 270.
No need to consider Faithless Voters because some states' electoral college are entirely strategically discarded.
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Trump win needs the Congress to "discard" at least 37 electoral colleges to make Biden's EC below 270.
No need to consider Faithless Voters because some states' electoral college are entirely strategically discarded.
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@molmccann @SCOTUSblog 8/
In the event that being picked as president requires a majority of the total electoral college without PA, GA, WI, MI, AZ, Biden still keeps the majority of the total without the 5 states (Biden wins).
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In the event that being picked as president requires a majority of the total electoral college without PA, GA, WI, MI, AZ, Biden still keeps the majority of the total without the 5 states (Biden wins).
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@molmccann @SCOTUSblog 9/
In this case, discard electoral college of PA, WI, MI, AZ, then GA electoral college must vote against Biden and vote for Trump. This will be called "faithless voters".
However, AFAIC, GA state law has neither a penalty nor restriction on faithless voters.
God Bless America
In this case, discard electoral college of PA, WI, MI, AZ, then GA electoral college must vote against Biden and vote for Trump. This will be called "faithless voters".
However, AFAIC, GA state law has neither a penalty nor restriction on faithless voters.
God Bless America
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