The Constitution specifically says that state legislatures are responsible for choosing how electors are chosen. Letting other states decide for them, or claim injury if they don't like their choice, would violate the Constitution. Image
And of course, it's not just standing here, but laches. Waiting until after the election to file these lawsuits means that tens of millions of people could lose their vote, in which they have a liberty interest, without notice or a hearing.

That also violates the Constitution.
And also, it just doesn't make sense to allow ordinary people to sue because one branch of government has usurped the power of another, without injury. We don't typically sue to vindicate other people's rights.

Conservatives understood this concept for emoluments.
And finally, it is a little strained to call standing a "judicially created doctrine" when this whole brouhaha leans on extending the doctrine suggested in a concurrence in one of the most controversial decisions in national history.

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More from @ASFleischman

12 Dec
Oh man the Trump campaign has filed an emergency petition to the Supreme Court of Georgia and I'm already loving the excuse for them forgetting to pay the filing fee:

"There was just so much gosh darned evidence the computers must have clogged"

drive.google.com/file/d/1EMA5VR…
Ok, so the argument here is that Judge Russell in Fulton County isn't qualified to preside over their election challenge because she's an active judge who lives in Fulton County.

She hasn't issued any rulings yet, but they want an emergency order for a new judge.
This is not great. "Lots of stuff keeps going wrong with these filings and none of it is our fault, please help."

And then, it certainly sounds like they aren't even sure they've filed a motion for a different judge.
Read 6 tweets
9 Dec
In Numbers, the old testament suggests a special concoction of bitter water to determine if a wife has been unfaithful. If she has, she will miscarry.
Until recently, most Bibles translated exodus to say that if a man fought a woman and caused her to miscarry, the penalty was a few shekels.

When that became politically incorrect, the translations changed.
Lots and lots of Christians, for thousands of years, have believed that life began at the quickening, when movement in the womb could be felt, rather than conception.

Jesus spoke explicitly about divorce, but never about abortion. Yet only one is acceptable to evangelicals.
Read 4 tweets
7 Dec
One thing very few people have reported on. Biden will be the first President since 2017 not to have mused about dating his daughter.
It appears that Biden has never settled a fraud claim for twenty five million dollars, another first.
He will be the first President since 2017 not to have the Department of Justice represent him in a lawsuit about whether he lied about raping a woman
Read 6 tweets
2 Dec
A dense, maskless crowd gathers in anticipation of more pearls of wisdom
The commentator announces "incredible legal minds" are about to speak

HOW ARE YOU SAY THE STREAM DOES NOT EXIST. YOU CLEARLY DO NOT UNDERSTAND STREAMS
Read 62 tweets
2 Dec
I suspect that many men who marry women with children, like men who adopt or foster or mentor, want to experience the joy of loving and teaching and raising a child even if it is not their own genetic progeny.

That's a beautiful thing.
Like, as a father, I can't watch this man adopt a stepdaughter who he loved and cared for without tearing up. Any judge will tell you that their best court days are adoptions.

What is better about us than finding family?

As a son, it's hard to watch this man give adoption papers to his father without tearing up.

Read 4 tweets
1 Dec
Congratulations to all the people who passed the bar. While it was a fun test to study for, waiting for the results was excruciating.

Many of you will be shocked to learn just how much the enthusiasm you bring as a young lawyer is going to help your clients.
And BTW, If you're up at night, pacing, thinking about what you're going to say at your hearing, or wracking your brain to think of a new legal angle on a hard problem, you're almost certainly already a good lawyer.

We are all only as good as our next fight.
As a brand new lawyer, the quickest way to improve is to regularly read cases in your field, whether you're working on those issues or not. Developing a sense of what "feels right" is going to quicken your issue spotting and make you faster on your feet.
Read 5 tweets

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