MINDF©️K Profile picture
Jan 29 28 tweets 15 min read
Just taught myself a legal theory and now I understand what we're facing down. We're in some trouble with who's on the Supreme Court if it gets there. 😳
Article II Section 1
Clause 2
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators & Representatives to which the State may be entitled in the Congress.
*I found this brief very helpful*

Revival of the Independent State Legislature Doctrine
by Faiz Surani
faizsurani.com/assets/indepen…

The doctrine is based in the US Constitution’s Article II Elector Appointment Clause
The origination, Smith argues, came decades later, in the form of “desperate & transparently manipulative judicial & political attempts to prevent state constitutions from accidentally disfranchising Civil War soldiers who risked their lives to preserve the Union & end slavery.”
Chances of truly contested election=slim & likelihood Court be in a position to determine outcome slimmer. Even so, the fact that a sizable bloc of Court has expressed willingness to thwart free & fair elections based on junk doctrine could be deep trouble for Court’s legitimacy.
Revisiting the History of the Independent State Legislature Doctrine
papers.ssrn.com/sol3/papers.cf….
COUNTERMAJORITARIAN LEGISLATURES
columbialawreview.org/content/counte… Cru­cially, majority rule is only valuable in conjunction w/political equality & majority preferences must sometimes yield to the protections for in­dividual rights inscribed in the state & federal constitutions.
This Article’s claim is not that state legislative majoritarianism is impossible; rather, it is that it is contingent—on geographic, legal, and political variables. Those contin­gencies, while sta­ble in recent decades, may eventually shift.
Trump hasn't admitted it, he lost the 2020 election. His attack on voting rights & legitimacy of election system will live far beyond him. At stake is whether this country adheres to the rule of law & allow elections to be decided by a majority of voters.
Basically, the way I read it, the Independent Legislature Doctrine is incompatible with democracy.

I'll add some other sources I used to learn about this particular anti-democratic legal argument being used to justify these alternate electors.
The Big Money Behind the Big Lie | Donald Trump’s attacks on democracy are being promoted by rich and powerful conservative groups that are determined to win at all costs.

by @JaneMayerNYer
August 2, 2021 newyorker.com/magazine/2021/…
An animating force behind the Bradley Foundation’s war on “election fraud” is Cleta Mitchell, a fiercely partisan Republican election lawyer, who joined the organization’s board of directors in 2012.
She's represented right-wing nonprofits, incl National Rifle Assoc. A former NRA official recently said that Mitchell was the “fringe of the fringe,” & a Republican voting-rights lawyer said “she tells clients what they want to hear, regardless of law or reality.”
Few people noticed at the time, but in that case, Bush v. Gore, Chief Justice William Rehnquist, along with Antonin Scalia and Clarence Thomas, hinted at a radical reading of the Constitution that, 2 decades later, undergirds many of the court challenges on behalf of Trump.
In a concurring opinion, the Justices argued that state legislatures have the plenary power to run elections & can even pass laws giving themselves the right to appoint electors.
Today, so-called Independent Legis Doctrine has informed Trump & the right’s attempts to use Rep-dominated state legislatures to overrule popular will. An election-law expert at Stanford: “It’s giving intellectual respectability to an otherwise insane, anti-democratic argument.”
Nov 11 2020
Trump brought a delegation of Michigan legislators to the White House and apparently implored them to designate him as the recipient of the state’s 16 electoral votes—even though Joe Biden had carried the popular vote in the Great Lake state.
The scheme, apparently, is for state election boards to refuse to certify the state’s election returns on the grounds of unspecified “irregularities,” or “fraud,” at which point legislators will step in and simply anoint Trump.
Lurking on the edges of this sinister opera buffa is the doctrine of “independent state legislature,” the idea that, b/c the Constitution requires selection of electors “in such manner as the [state] legislature... shall direct,” the lawmakers can do (well) anything they want.
The “independent legislature” doctrine is unlikely to make a serious appearance in the melodrama that is 2020—but it may play a variety of sinister parts in forthcoming voting-rights dramas, to the great injury of citizens’ right to vote. washingtonmonthly.com/2020/11/21/in-…
In 2020, however, the pandemic & apparently intentional sabotage of US Postal System, hit at the same time. The state Democratic Party sued the Secretary of State (a Dem, Kathy Boockvar), asking a state court to require counting all ballots rec'd up to a week after Election Day.
Republicans argued the people of the state could not guarantee themselves a right to vote in federal elections, whatever they might put in their state constitution. The legislature can do any flipping thing it wants & nobody else in Pennsylvania can say so much as “kiss my foot.”
The Court’s refusal to intervene in the Pennsylvania case was a 4-4 tie. Significantly, its order noted that the 4 most conservative Justices—Clarence Thomas, Samuel Alito, Neil Gorsuch & Brett Kavanaugh—would have been glad to shut down counting of late ballots before even rec'd
Those who espouse a hard-line version of the “independent legislature” doctrine believe state legislature–a partisan, elected body–has complete control over how their people’s right to vote in federal elections.
In both cases, the idea is that the Constitution vests unreviewable power to affect constitutional rights in a powerful actor or institution. Other parts of government—even the people themselves—cannot protect themselves from its arbitrary acts.
Similar notions—that power can be absolute–are seeping into law governing police misconduct, immigration & alien detention, church & state, even 1st Amendment. The overall outline is clear; its basis is not the consent of the governed but raw power of those who govern.

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More from @gal_suburban

Jan 30
Do people even realize yet that we've already lost? My soul is tired. This picture tonight has totally shattered my hope. Their plan works because we have no way to defend against it. They've use democracy against us & rendered us powerless.
Sorry if I confused or upset anyone. My point is this shows the alliances they've formed that are all destructive forces.

Jordan Peterson radicalizes young boys on the "intellectual web",
Joe Rogan radicalizes the meatheads,
Elon Musk radicalizes the gamers & financiers.
Jordan Peterson, the obscure Canadian psychologist turned right-wing celebrity, explained

Who Peterson is, and the important truths he reveals about our current political moment.
May 21, 2018
vox.com/world/2018/3/2…
Read 20 tweets
Jan 28
If you missed it, @NarativTv's @ZevShalev had on @DempseyTwo & yours truly to discuss the #BausmanFiles

And while there is some excellent reporting on him via @splcenter & others, I want to revisit this considering the events in Russia & #Ukraine
Read 8 tweets
Jan 28
@satirehat @trcfwtt @clayberg
Check this out - archived the followers
Several people involved in the fake electors, the lawsuits, and 79days plan follow it.
PILFoundation Public Interest Legal Foundation
archive.is/molKh
John Johnson isn’t dead: How claims of voter fraud in Florida fell apart
by Will Carless Oct 22 2020
revealnews.org/article/john-j…
UM HELLO 👋 📢 What the f_ck!

PILF published a breathy report, “Calm Before the Storm: Are Palm Beach County’s Elections Protected Against Emerging Threats?”
Read 9 tweets
Jan 28
Okay, seeing this being discussed regarding the @NatButterflies Center.

See thread embedded here, and this one now too for a full scope of what I understand so far.
🎩 @clayberg
They state here they've been targeted and threatened by maga-adjacent people, including or relating to Mike Flynn’s event attendees.

Specifically a Congressional candidate from Virginia, seen pictured in their closure notice.

That is Kimberly Lowe
A recent attack on their Facebook page from someone with a pretty large following.
And a linktree: linktr.ee/PsalmOneOhFour…

She happens to also be a flat-earther.
Read 19 tweets

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