Wednesday, December 8, 2021

A writer who predicted Trump's first coup attempt warns of an obscure legal doctrine he may exploit next time - Raw Story - Celebrating 17 Years of Independent Journalism

…Republicans are promoting an "independent state legislature" doctrine, which holds that statehouses have "plenary," or exclusive, control of the rules for choosing presidential electors. Taken to its logical conclusion, it could provide a legal basis for any state legislature to throw out an election result it dislikes and appoint its preferred electors instead.
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The question could arise, and Barrett's vote could become decisive, if Trump again asks a Republican-controlled legislature to set aside a Democratic victory at the polls. Any such legislature would be able to point to multiple actions during the election that it had not specifically authorized. To repeat, that is the norm for how elections are carried out today. Discretionary procedures are baked into the cake. A Supreme Court friendly to the doctrine of independent state legislatures would have a range of remedies available to it; the justices might, for instance, simply disqualify the portion of the votes that were cast through "unauthorized" procedures. But one of those remedies would be the nuclear option: throwing out the vote altogether and allowing the state legislature to appoint electors of its choosing…
https://www.rawstory.com/a-writer-who-predicted-trump-s-first-coup-attempt-warns-of-an-obscure-legal-doctrine-he-may-exploit-next-time/


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