Sunday, December 13, 2020

Election 2020 From the Rearview Mirror

 Stacy McCain notes how SCOTUS Rejects Texas v. Pennsylvania

Once a dispute becomes a matter for courts to decide, the law-abiding citizens of a republic are obligated to abide by the result. This is true, for example, in those cases that attract the attention of the “Black Lives Matter” movement — if a grand jury refuses to indict a police officer who shot a suspect, this is simply the rule of law in action. If you don’t like the law, you organize to pressure the legislature to change the law, rather than looting Target or burning down the courthouse.

If this legal battle is lost — and again, I am not a lawyer, so I can’t say what further remedies might be available — the political war will no doubt continue. We must not surrender to despair.

“Never take counsel of your fears,” as Stonewall Jackson said.

Oh, it’s not a coincidence I’m quoting a Confederate general. . . .

So does sundance at CTH, Supreme Court Refuses to Consider Texas Election Lawsuit Based on Original Jurisdiction

  • An individual voter does not have standing to sue for election misconduct. (He/she is only one person and everyone cannot sue all the time for all elections.)
  • An official who may be adversely affected, cannot sue before an election in anticipation of bad conduct because it is speculative (not ripe)
  • An official who was adversely affected, cannot sue after an election claiming bad conduct because it is too late (latches)
  • A state does not have standing to sue on behalf of its citizens to remedy other states’ bad election conduct (no standing)
The result appears to be that no lawsuit involving the recent election cycle has been heard on the merits. Insofar as I am aware, the substance of misconduct claims have not been heard in court. (In fairness, there has been no decision on whether a state can sue itself for election misconduct.)

This result implies that if your state has chosen extremely lax voting laws, or is essentially overlooking and/or abetting voter fraud, it is your duty to your country to get in there and fraud with the best of them. It shouldn't be that way, but it is.  

I'm dubious of the approach from Alex Rawls at Flopping Aces, The 19 Texas-led states can APPEAL! They must take their case now to the CORRECT authority for interdicting election fraud: not SCOTUS but POTUS

Hot Air reads the NYT so you don't have to, Democrats, and Even Some Republicans, Cheer as Justices Spurn Trump, No surprise there, there is a small but well publicized Never-Trump group in the Republican Party, that will gladly cut off our noses to spite our faces. Meanwhile, at Breitbart, Giuliani Says Trump Team ‘Not Finished’ After Supreme Court Defeat, Capt. Ed at Hot Air, Giuliani: We’ll Continue The Fight In State Courts. He gets paid by the hour, right? ON the other hand, from WaEx, Wisconsin Supreme Court takes up Trump lawsuit seeking to disqualify hundreds of thousands of ballots. Gonna need more than Wisconsin, though. USA  Today, Reality check for Trump's fantasies: Judges aren't his pawns on election lawsuits. Trump, election lawsuits, and judges: the chaotic aftermath in the courts. Boohoo! 

Always the voice of moderation, Adam Schiff, D-Manchuria says  Republicans Who Signed on to TX Lawsuit a ‘Danger to the Country’ Fox, Fox News Poll: Most Republicans say President Trump was robbed "Most Republicans also say GOP lawsuits are helping American democracy" Which is why Schiff is so adamantly opposed to them.

JTN Staff, Trump supporters march and rally in Washington, DC ""Stop the Steal" and show of support for President Trump fills D.C. streets. Georgia met someone who lives in DC at the marina yesterday, and she whined they weren't wearing masks. I asked how she knew. From sundance, Michael Flynn Delivers Remarks During Jericho March in Washington DC

Nothing to see here, this is not the fraud you were looking for. Neon Nettle, Dominion Received $400 Million from Chinese Communist Party Bank Account Documents reveals huge payout from Swiss bank account co-owned by China's government and Julian Sanchez at the Atlantic whines Trump Is Looking for Fraud in All the Wrong Places

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