I don't know to what extent there are established precedents for when a topic is worthy of a mega-thread, but this decision seems like a big deal to me with a lot to discuss, so I'm putting this thread here as a place for discussion. If nobody agrees then I guess they just won't comment.
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Notes -
Newsweek reports that we have more volunteers:
While their letter says that they plan to or are in the process to "introduce legislation", it's not clear from a quick search if they've done so, or even what that legislation would look like, nor how it would, in their words, "allow ALL candidates to be on the ballot in all states". It's far from obvious that they could get legislation through their respective legislatures within the necessary time period before the general election, or even at all: of the three states, only Georgia has a Republican governor, and it's unlikely Kemp will jump onto this particular grenade. The trio don't even have a particularly coherent theory for why and what disqualifying specific act applies.
So this is grift, and a publicity stunt, and dumber.
On the other hand, unlike Colorado or California, all three are states that matter: there are election models that treat them as swing states, not background temperature and a joke. It's a good thing that a lot of people talking about fucking with ballots hasn't caused problems in recent years, and that there aren't far-more-dangerous attacks that these games make more prominent.
Fucking hell. I saw @IGI-111’s comment, and thought about saying “that’s ridiculous, there’s no fig leaf for disqualifying Biden.” Then I remembered the fig leaf never really mattered. But I wasn’t expecting volunteers so fast.
Is this about Hunter? No, it’s about “insurrection” at the southern border. That doesn’t even make sense. At least if they’d have to pass legislation, it means they don’t have a Colorado-style process for removal, I guess.
I continue to be disappointed that no one involved in this election is going to face real consequences for their grandstanding, up until the point where the whole edifice collapses.
I have some for your reading pleasure.
Biden supported and gave encouragement to BLM riots which among other things included CHAZ.
Biden knew the renter moratorium was unconstitutional. His advisors told him as such. The SCOTUS said this is illegal but since you told us you are ending it we will let you end it in an orderly fashion. He then said “fuck it — I will extend it and hope it will take months or years to overturn what I knew was against the constitutional Order.
Biden conspired with others in the Obama administration to frustrate the peaceful transmission of power to the Trump administration from by trying to sabotage that admin via the bureaucracy including Biden suggesting trying to trap Flynn using the laughable Logan act (has some similarity to Trump — sure in theory he was exercising what is facially a legal authority but the local authority could say that was pretext).
None of this is particularly correct. The Supreme Court initially ruled on the moratorium in July of 2021. But that was re the moratorium imposed the previous September, by the Trump Administration. And, as noted in the only opinion issued at that time, the concurrence by Kavanaugh, the argument was not that it was unconstitutional, but that "the Centers for Disease Control and Prevention exceeded its existing statutory authority by issuing a nationwide eviction moratorium."
More broadly, this is exactly how Presidents should behave: if they think a particular action is in the best interests of residents of the US, they should take that action, even if there are arguments, even strong ones, that the action might be overturned by the courts. Because unless there is existing binding precedent, the only way to know for sure is to get a final court decision on the merits (or, in this case, a preliminary injunction that is not stayed). That is exactly what Trump did re the "Muslim ban" -- as each iteration was struck down, the admin kept narrowing it until they came up with a version that withstood judicial scrutiny. There is nothing wrong with that.
The only exception is when the argument for legality is frivolous, which this one was not, given that the final vote in the Supreme Court was 6-3.
The obvious counter-argument there is a claim that partisan justices gonna' partisan, and the breakdown has no bearing on frivolity as opposed to politics.
Well, couldn't one therefore argue that the decision has no bearing on the validity of the law, either way? So, your argument clears Biden, does it not?
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