Elections, Brain Eaters and Birthers

Dec 08, 2020 12:31

Back during Obama's first term, a bunch of folks, upset at the idea of a Black President, concocted various dubious and inconsistent legal theories as to why a man obviously born in the USA couldn't be a President. These individuals and their theories all showed signs of being ran through a Brain Eater. Comes news today of two more lawsuits attempting to get Birther-in-Chief Trump a second term. I am shocked, shocked I tell you to report that they suffer from these same flaws.

First, the Attorney General of Texas, a member of the Executive branch, is trying to sue other states to get them to appoint electors for Trump. The key problem here is that, per Trump's lawyers, each state's legislature gets to pick the electors. What possible standing does the Executive branch of another state have in this?

Second, a blogger of unknown provenance is arguing that any election not decided by midnight on election night is null and void. She relies on a misreading of Foster v. Love. This is a case from 1997 where the winner of an October primary could be elected to Congress without there being a vote in November. It says nothing about how long it takes to count the votes. As a practical matter, it has never even been technically possible to complete the count of a US election by midnight.

Bottom line - all of these Trump lawsuits have one purpose - to torture the facts and law until Trump wins. This entry was originally posted at https://chris-gerrib.dreamwidth.org/748554.html. Please comment there using OpenID.

politics, birthers, trump, the brain eater

Previous post Next post
Up