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11 Dec 2020, 2:35 pm
Several Justices have already expressed support for the independent state legislature doctrine. [read post]
11 Dec 2020, 1:53 pm
State legislatures anticipated the deluge of mail-in ballots; some by facilitating early counting, and some by prohibiting early counting. [read post]
11 Dec 2020, 1:53 pm
State legislatures anticipated the deluge of mail-in ballots; some by facilitating early counting, and some by prohibiting early counting. [read post]
11 Dec 2020, 10:40 am
State legislatures play a profound and vital role in our constitutional structure. [read post]
11 Dec 2020, 10:37 am
Excerpt:Texas’s principal claim... is that by administering the election in a way that deviated from their states’ laws, election officials in the defendant states usurped the authority of their state legislatures, in violation of the Constitution’s Electors Clause (Art. [read post]
11 Dec 2020, 9:56 am
[It might just be political posturing at this point, but the GOP is going down a dangerous path] The embattled Texas attorney general Ken Paxton, an elected Republican, recently filed suit in the Supreme Court seeking an injunction against the seating of Democratic presidential electors in four states and a remand to the Republican-controlled state legislatures to name a new slate of presidential electors. [read post]
11 Dec 2020, 9:37 am
Here Texas repeats its arguments that federalism requires the Supreme Court ordering state legislatures to act and possibly even hold new elections because Texas does not like how other states have run their elections. [read post]
11 Dec 2020, 4:44 am
Texas is unique in that the legislature only meets once every two years unless the governor calls a special session. [read post]
11 Dec 2020, 2:00 am
Since the United States Constitution provides, in Article II, Section 1, Clause 3 (italics added) that "each State shall appoint, in such Manner as the Legislature thereof may direct," the Electors from that State who are to cast their votes in the Electoral College on the appointed date (which this year falls on December 14), Texas charges each swing State with violating that clause by the actions their officials took without… [read post]
10 Dec 2020, 8:30 pm
Conservative Nonprofit Group Challenging Election Results Around the Country Has Tie to Trump Legal Adviser Jenna Ellis MSN – John Swain, Rosalind Helderman, Josh Dawsey, and Tom Hamburger (Washington Post) | Published: 12/7/2020 A conservative legal organization that has filed lawsuits challenging the election results in five states has a tie to President Trump’s legal team, raising questions about the independence of what has appeared to be an endeavor separate from… [read post]
10 Dec 2020, 1:28 pm
Among other things, the Georgia brief highlights that if Texas's arguments were accepted, it would mean that state legislatures lack the power to authorize state agencies, such as a state Secretary of State, to issue election regulations or decisions regarding election administration, and state legislatures could not authorize state courts to adjudicate election disputes. [read post]
10 Dec 2020, 10:22 am
Texas seeks a "remand to the State legislatures to allocate electors in a manner consistent with the Constitution. [read post]
10 Dec 2020, 6:31 am
” 17 other states filed an amicus brief in support of Texas on Wednesday. [read post]
9 Dec 2020, 9:01 pm
And relatedly, the NFIB dissent bemoaned, the court itself could be viewed as complicit in warping the legislature’s product, functionally “assum[ing] the legislative function” by rewriting the statute and creating “its own new statutory scheme” which “can be a more extreme exercise of the judicial power than striking the whole statute. [read post]
9 Dec 2020, 3:41 pm
§ 5, state legislatures have made state courts the tribunals for presidential election disputes. [read post]
9 Dec 2020, 3:38 pm
All that he has to demonstrate, he contended, is that elections in the four states at issue “materially deviated from the ‘manner’ of choosing electors established by their respective state Legislatures. [read post]
9 Dec 2020, 12:58 pm
Texas is asking the Supreme Court to say the states’ election results are unconstitutional and can’t be counted, and order a special election to appoint presidential electors, for state legislatures to appoint them instead, or to just not have the states appoint any presidential electors at all. [read post]
9 Dec 2020, 12:02 pm
So, a consumer's "unilateral activity" in driving cross-country isn't relevant conduct by a New York dealership; a passenger's connecting flight to Nevada isn't relevant conduct by an officer who seizes her cash in Georgia; and a drug manufacturer's offices and sales in California might be conduct, but not relevant conduct, for personal-injury suits by Texas customers. [read post]
9 Dec 2020, 11:28 am
State Rep. [read post]
8 Dec 2020, 9:30 am
Kelly claims the state legislature is constrained by the state constitution, but not as interpreted by state courts. [read post]
